!E 668 
• U5844 
Copy 1 




Glass. 



^A6^ 



Book . y\ ^' 



ti3D Congress \ 
3d Session J 



SENATE 



f Document 
I No. 711 



JOURNAL 



OF THE 



JOINT COMMITTEE ON RECONSTRUCTION 



THIRTY-NINTH CONGRESS 
FIRST SESSION 

A'^POINTED PURSUANT TO 



THE CONCURRENT RESOLUTION OF DECEM- 
BER 13, 1865, WITH DIRECTION " TO INQUIRE 
INTO THE CONDITION OF THE STATES 
WHICH FORMED THE SO-CALLED CONFED- 
ERATE STATES OF AMERICA, AND REPORT 
WHETHER THEY OR ANY OF THEM ARE 
ENTITLED TO BE REPRESENTED IN EITHER 
HOUSE OF CONGRESS, WITH LEAVE TO 
REPORT BY BILL OR OTHERWISE" 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1915 






SUBMITTED BY MR. LODGE. 



In the Senate of the United States, 

January S, 1915. * 
Ordered, That " The Journal of the Joint Committee of Fifteen on 
Reconstruction," as printed in 1884, be printed as a Senate document. 
Attest : 

James M. Baker. 

Secretary. 



a f F 0. 

FEB 1 1915 



THIRTY-lSriNTH: CONG^RESS 

FIRST SESSION 



JOINT COMMITTEE ON RECONSTRUCTION 



JOURNAL 



In the House of Representativtes, 

December 4, 1865. 
On motion of Mr. Stevens. 

Be it resolved hy the Senate and House of Representatives in Con- 
gress assembled. That a joint committee of fifteen members shall be 
appointed, nine of whom shall be members of the House and six mem- 
bers of the Senate, who shall inquire into the condition of the States 
which formed the so-called Confederate States of America, and re- 
port whether they or any of them are entitled to be represented in 
either House of Congress, with leave to re]:)ort at any time, by bill 
or otherwise; and until such rej^ort shall have been made and finally 
acted on by Congress, no member shall be received into either PFouse 
from any of the so-called Confederate States; and all papers relating 
to the representation of said States shall be referred to the said com- 
mittee without debate. 

Attest ' 

EDW'D Mcpherson, curk. 

December 12, 1865. 

Amended in the Senate, on motion of Mr. Anthony, so as to read. 

Resolved by the House of Representatives {the Senate concurring) , 
That a joint committee of fifteen members shall be appointed, nine 
of whom shall be members of the House and six members of the 
Senate, who shall inquire into the condition of the States which 
formed the so-called Confederate States of America, and report 
whether they or any of them are entitled to be represented in either 
House of Congress, with leave to report at any time, by bill or 
otherwise. 

Attest * 

J. W. FORNEY, Secretary. 

December 13, 1865. 
In the House of Representatives, on motion of Mr. Stevens, the 
amendments of the Senate were concurred in. 
Attest * 

EDW'D McPHERSON, Clerk. 

MEMBERS ON THE PART OF THE SENATE. 

Mr. William P. Fessenden, of Maine: 

Mr. James W. Grimes, of Iowa : 

Mr. Ira Harris, of New York : 

Mr. Jacob M. Howard, of Michigan : 

Mr. Reverdy Johnson, of Maryland, and 

Mr. George H. Williams, of Oregon. 



€ JOIXT COMMITTEE OX RECOXSTEUCTIOX. 

MEMBERS OX THE PART OF THE HOUSE OF REPRESEXTATHT^S. 

Mr lvf^S'%?^^'';T'' ^^ Pennsylvania: 
Mr. Elihu B. M ashbiirne. of Illinois • 
Mr. Jiistm S. Morrill, of Vermont: 
Mr. Henry (irider. of Kentucky: 
Mr. John A. Bingham, of Ohio: 
Mr. Roscoe Conkling. of Xew York; 
Mr. George S.Boutwell. of Massachusetts: 
Mr. Henry T. Blow, of Missouri, and 
Air. Andrew J. Rogers, of Xew Jersey. 

SATIT^DAY. Jaxuary 6. 1866. 

Mr. Fessenden. its Chairmfn ^="''°'"'> P"'-^™nt to the call of 

rill, Conkling,Bouteir:nd-Bb'w''o1«:e'lJrsr- "^ ''^'''""™- *'"' 
Un motion. 

Chairman be insi™ct?d^o^"t i„°*f om fhr'se""; tZ' *^' "^ 
authority for his employment. necessary 

On motion of Jlr. Stevens 

On motion. 

con^'s^Sftf saT!lt,to,?n'iV,r" '""' '^^^^'•=- ■''"'-» '""^ ^-hburne 
Adjourned to 10 a. m. on Tuesday next. 

TUESDAY. Jaxuary 9. 1866. 

prS^t.'"""'"" ■"^' "■"■^'■■^"' '" -djonrnment. all the members 

unInimo?sIv"arpt«/'"'"''* "" *°"''-'"? -"'"'i™^ -hich was 

con^Ttt^'d^e'^^l^'i^.Sel 'mT ^""^^''T" '» T -'«"'«' '"' '^is 
all votes taken Jnd.il'Xr „ n ™'^""«<'.« b.'." >ts different members, 
nature, be regard" b °1 e membets^^V" committee, of whatever 

.njo? tie" ™mittt°irw:i? onXT""- i^'T'"'"' "V'"'-' ■"-'■ 

That the committee hdli"eU,nreT>?'- fP?''" ''™">-- 
him the views of the commi7tee ni Jl^ t J '^'' i'*""' '"i'' expressed to 
ingthesubcommittee tCthecomn!;,," 1 '" "'f '■'■««l»'ion aPPoint- 

?^H r tC~S='^ ^^" '^ - -"^^n 

that they thought ^t JS::Z^ ^.^^ 'l^^^^^r^^ 



JOUEXAL. 7 

was under consideration by the joint committee no further action in 
regard to reconstruction should be taken by the President, unless it 
should become imperatively necessary, and that they thought mutual 
respect would seem to require mutual forbearance on the part of the 
Executive and of Congress. To which the President replied, sub- 
stantially, that while he considered it desirable that this matter of 
reronstruction should be advanced as rapidly as might be consistent 
will- the public interest, still he desired to secure harmony of action 
between Congress and the Executive, and it was not his intention 
to do more than had been done for the present. 

Mr. Stevens submitted a joint resolution, upon which he asked 
immediate action by the committee, proposing to submit for ratifica- 
tion to the several States the following amendment to the Constitu- 
tion of the United States: 

Representatives shall be apportioned among the several States 
which may be included within this Union according to the number of 
their respective legal voters; and for this purpose none shall be con- 
sidered as legal voters who are not either natural-born or naturalized 
citizens of the United States, of the age of twenty-one years. Con- 
gress shall provide for ascertaining the number of said voters. A 
true census of the legal voters shall be taken at the same time with 
the regular census. 

After discussion, 

Mr. Conkling moved to amend by inserting the word " male '' 
between the word •* naturalized " and the word " citizens.'' 

The amendment was adopted. 

Mr. Morrill moved to further amend by inserting after the words 
" of the age of twenty-one years '' the words " and who can read and 
write.'' 

The amendment was not agreed to. 

The further consideration of the subject was postponed till this 
evening. 

The Chairman submitted the following: 

Resolved. That, in the opinion of this committee, the insurgent 
States cannot, with safety to the rights of all the people of the United 
States, be allowed to participate in the Government until the basis of 
representation shall have been modified, and the rights of all persons 
amply secured, either by new provisions, or the necessary changes of 
existing provisions, in the Constitution of the United States, or 
otherwise. 

. On motion of Mr. Stevens, 

The further consideration of the resolution was postponed for the 
present. 

On motion of Mr. Stevens. 

The committee took a recess till 7| o'clock this evening. 

The committee reassembled at 7| o'clock p. m. Absent. Mr. Blow. 

The consideration of the joint resolution submitted by Mr. Stevens 
was resumed. 

Mr. Williams moved to further amend the same by striking out the 
words. " and for this purpose none shall be considered as legal voters 
who are not either natural-born or naturalized male citizens of the 
United States, of the age of twenty-one years." 



8 JOINT COMMITTEE ON RECONSTKUCTION. 

After discussion, 

Air. Johnson moved to postpone the further consideration of the 
joint resohition until the next meeting of the committee 
Ihe motion was agreed to. 

Mr Stevens and Mr. Howard submitted propositions for the future 

consideration of the committee. ^Liiure 

Ordered That the same be placed on file for future consideration 

next^fofo'cloc'k'a; S.^"'^^' ^'^ ^^"^"^^^^^ ^^^^"^^^ '^' ^^^ 

FRIDAY, January 12, 1866. 

The committee met pursuant to adjournment. Absent, Mr. Eocrers 

The consideration of the joint resolution submitted by Mr Stevens 

was resumed. -' i-jt<-. cus, 

WmiamT'^'''" '^"'''^'''" ''^''' "^''''' ^^'^ amendment proposed br Mr. 

Mr. Williams withdrew his amendment. 
proposUir- '' "'"'''"'^ ^^'' following as a substitute for the original 

Representatives and direct taxes shall be apportioned amon^ the 
several States which may be included within this Union, accordiL to 
their respective numbers of persons, deducting therefrom all of fny 
-^ Z. S^:!^^i:^^^.^L|^ ^' ^^--'-^ ^-ed any^Z 

th^oi^;;^.giiir: "^ '''"' "' ^'^ '-'''' ^^"^^ »- «^-"^d '-- 

se^'^^'J^^^■''^ taxes shall be apportioned among the 
se^eial States of the Union according to their respecti^-e numbers 
excluding negroes, Indians, Chinese, and all persons not wl ifp wi!.' 
are not allowed the elective franchise bfthe c^t tutiJus'^ofte 
States in Avhich they respectively reside 

stituteF''"^'^'''^ ^''''' '' ''™'^"' ""^^'' "' '''^""'''^ ^^ ^^'^ following sub- 
Representatives and direct taxes shall be apportioned amoncr the 
several States which may be included within this Union, aJ?o?dm' 
to their respective numbers, counting the whole nuniber o^ cUiVens of 
the United States: provided that whenever, in anv State civH or 
political rights or privileges shall be denied or abriclged on Sccoun 
of race or color all persons of such race or color shall brexcTuded 
i^f i^' ^''^''^ ""^ representation or taxation excluded 

stitul'e: "^'''" ^''"'^ ' '^'^^''" ''^^^'' ^" '^^'^'"^ ^« tlie following sub- 
Representati--<s and direct taxes shall be apj)ortioned amonff tho 
several States, which may be inclu.ded within 'this UnTon rccoShno- 
to the respective number of citizens of the UnHed StotP« fn 1 f 
State: and no State shall make anv distinctfon in tt exe c s'of the 
elective franchise on account of race or color. ^-^eicise ot the 

After discussion. 

Mr Bingham, in order to test the sense of the committee sub 
mitted the following resolution: ^omnnctee, snb- 

^^e5.>^'.Y/, That, in the oj^inion of this committee, the amendment 

^2ut FT^'^''^'''I\''^ *^^ "^^^^^^d states submitted bv Ml Stevens 
ought to be amended or modified. • ' Stevens, 



JOUKNAL. 9 

Mr. Johnson moved, as a substitute for the resokition of Mr. Bing- 
ham, the following: 

Resolved, That, in the opinion of this committee, the apportion- 
ment of representation in Congress, as now provided by the Consti- 
tution, ought to be changed. 

Mr. Bingham accepted the substitute. 

The question was then taken by yeas and nays on the resolution as 
modified, and it was decided in the affirmative — yeas 13, nay 1, not 
voting 1 ; as follows : 

Yeas — The Chairman, Messrs. Grimes. Harris, Howard, Johnson, 
Williams, Stevens, AVashburne, Morrill, Bingham, Conkling, Bout- 
well, and Blow — 13. 

Nay — Mr. Grider — 1. 

Not voti>gi — Mr. Rogers — 1. 

So the resolution as modified was accordingly adopted, 

Mr. Johnson submitted the following resolution: 

Resolved, That, in the opinion of this committee, Representatives 
should be apportioned among the several States according to their 
respective numbers of legal voters. 

The question was taken by yeas and nays, and it was decided in the 
negative — yeas 6, nays 8, absent and not voting 1 ; as follows : 

Yeas — Messrs. Grimes, Johnson, Stevens, Washburne, Bingham, 
and Blow — 6. 

Nays — The Chairman, Messrs. Harris, Howard, AVilliams, Morrill, 
Grider, Conkling, and Boiitwell — 8. 

Absent akd not voting— Mr. Rogers — 1. 

So the resolution was not agreed to. 

Mr. Morrill submitted the following: 

Ordered, That a subcommittee, to consist of fi\e members, includ- 
ing the chairman of the committee on the part of the Senate and the 
chairman of the committee on the part of the House ( Messrs. Fessen- 
den and Stevens), be appointed, to which shall be referred the various 
propositions submitted by members of this committee in relation to 
apportionment of Representatives in Congress, with instructions to 
prepare and report to this committee a proposition upon that subject. 

The motion was agreed to. 

Mr. Bingham submitted the following proposed amendment of the 
Constitution of the United States, and moved that the same be 
referred to the subcommittee just authorized : 

The Congress shall have power to make all lav/s necessary and 
proper to secure to all persons in every State within this Union equal 
protection in their rights of life, liberty, and' property. 

The motion was agreed to. 

Mr. Stevens submitted the follovvnng proposed amendment of the 
Constitution, and moved that the same be referred to the subcommit- 
tee just authorized: 

All laws, State or national, shall operate impartially and equally 
on all persons without regard to race or color. 

The motion v^as agreed to. 

On motion of Mr. Stevens, 

Ordered, That the remaining members of the subcommittee, author- 
ized at this meeting, be appointed by the Chairman of the joint 
committee. 



10 JOINT COMMITTEE ON RECONSTRUCTION. 

The Chairman announced the following as members of the sub- 
committee : 

Messrs. Fessenden and Stevens (named in the order of the joint 
committee), and ^Messrs. Howard, Conkling, and Bingham. 
On motion of Mr.- Stevens, 

Ordered^ That the Chairman be instructed to introduce into the 
Senate a concurrent resolution authorizing this joint committee to 
send for persons and papers. 

On motion of Mr. Bingham, 

Ordered^ That subcommittees, each composed of two members, be 
appointed to examine and report upon the present condition of the 
States composing the late so-called Confederate States of America, 
and not now represented in Congress; what has been their action 
in relation to any amendments of the Federal or State constitutions; 
what may be the present legal position of the freedmen in the respec- 
tiA^e States ; in what manner the so-called ordinances of secession have 
been treated ; whether the validity of debts contracted for the support 
of the rebellion is acknowledged; and generally as to all evidence, 
documentary or otherwise, of the present loyalty or disloyalty upon 
the part of the people or governments of said States; that is to say, 
committees embracing — 

1st. Tennessee; 

2d. Virginia, Xorth Carolina, and South Carolina: 

3d. Georgia, Alabama, ]\Iississippi. and Arkansas; and. 

4th. Louisiana, Florida, and Texas. 
On motion of Mr. Howard, 

Ordered^ That the subcommittees above authorized be appointed 
by the Chairman of the joint committee. 
On motion of Mr. Harris, 

The committee adjourned to 11 a. m. on Monday next. 

MONDAY, January 15, 18f)6. 

The committee met pursuant to adjournment. Absent, Messrs. 
Johnson and Blair. 

On motion of Mr. Morrill, 

Ordered, That the various subcommittees authorized on motion of 
Mr. Bingham at the last meeting of the committee shall consist of 
three members each instead of two members. 

The Chairman announced the following as the membersof the sub- 
committees ordered at the last meeting. 

No. 1. Messrs. Grimes, Bingham, and (irrider; 

No. 2. Howard, Conkling, and Blow : 

No. 3. Harris, Boutwell, and Morrill ; and. 

No. 4. Williams, Washburne, and Rogers. 

Mr. Stevens submitted the following resolution of the House of 
Representatives : / 

On motion of ]\Ir. James F. Wilson, - ' 

Resolved. That all papers which mav be offered relative to the rep 
resentation of the late so-called Confederate States of America, o 
either of them, shall be referred to the joint committee of fifteer 
without debate; and no members shall be admitted from either o 



JOURNAL. 11 

said so-called States until Congress shall relieve such States, or either 
of them, entitled to representation. 

Ordered^ That the same be spread upon the journal. 

Adjourned to meet on call of the Chairman. 

SATURDAY, January 20, 1866. 

The committee met piu'suant to call of its Chairman. Absent. Mr. 
Johnson. 

The Chairman laid before the committee the following papers, 
which were ordered to be entered upon the journal of the committee: 

In the Senate or the United States, 

January 8, 1866. 
On motion of ^Fr. Fessenden. 
Ordered. That the joint committee to inquire into the condition of 
the States which formed the so-called Confederate States of America 
be authorized to employ a stenographic clerk. 

In the Senate of the United States, 

January 12, 1866. 
On motion of Mr. Fessenden, 
Resolved by the Senate {the House of Representatives concurring) ^ 
That the joint committee appointed to inquire into the condition of 
the States which formed the so-called Confederate States be author- 
ized to send for persons and papers. 
Attest : J. W. FORNEY, 

Secretary. 

In the House or Representatives, 

January 16. 1866. 
On motion of Mr. Stevens, 
Resolved. That the House concur in the foregoing i-esolution of the 
Senate. 
Attest : 

EDWD McPHERSON, Clerk. 

The chairman from the subcommittee on the basis of representa- 
tion, reported that the subcommittee had directed him to rejiort the 
following for the action of the joint committee, the first two as alter- 
native propositions, one of which, with the third proposition, to be 
recommencled to Congress for adoption: 

Resolved l>y the Senate and House of Representatives of the Z'nited 
States of Ame?^ica in Congress assembled (two-thirds of both houses 
concurrifig) , That the following articles be proposed to the legisla- 
tures of the several States, as amendments to the Constitution of the 
United States, which, when they, or either of them, shall be ratified 
by three-fourths of the said legislatures, shall be valid as part of 
said Constitution, viz : 

Article — . 

Representatives and direct taxes shall be apportioned among the 
i several States within this Union according to the respective number 



12 JOINT COMMITTEE ON EECONSTEUCTION. 

of citizens of the United States in each State; and all provisions in 
the constitution or laws of any State, whereby any distinction is made 
in political or civil rights or privileges, on account of race, creed, or 
color, shall be inoperative and void. 
Or the following: 

Article — . 

Representatives and direct taxes shall be appoi'tioned an)ong the 
several States v^^hich may be included within this Union, according to 
their respective numbers, counting the whole number of citizens of 
the United' States in each State; provided that, whenever the elective 
franchise shall be denied or abridged in any State on accoimt of race, 
creed, or color, all persons of such race, creed, or color shall be 
excluded from the basis of representation. 

Article — . 

Congress shall have power to make all laws necessar}'^ and proper 
to secure to all citizens of the United States, in every State, the same 
political rights and privileges; and to all persons in every State 
equal protection in the enjoyment of life, liberty, and property. 

The joint committee proceeded to consider the report of the sub- 
committee. 

Mr. Stevens moved that the last article be separated from which- 
ever of the other two should be adopted by the committee, and be 
considered by itself. 

The question was taken by yeas and nays, and decided in the 
affirmative — yeas 10, nays 4, absent and not voting 1 ; as follows : 

Yeas — Messrs. Grimes, Williams, Stevens, Washburne, Morrill, 
Bingham, Conkling, Boutwell, Blow, and Rogers — 10. 

Nays — The Chairman, Messrs. Harris, Howard, nnd Grider — 1. 

Absent and not voting — Mr. Johnson — 1. 

So the motion was agreed to. 

Mr. Stevens mo\ed that the committee take the second named of 
the alternative proposed articles as the basis of their action. [ 

The question was taken by yeas and nays, and it was decided in the 
affirmative — yeas 11, nays 3, absent and not voting 1; as follows: 

Yeas — JNIessrs. Grimes, Harris, Williams, Stevens, Washburne, 
Morrill, Bingham, Conkling, Boutwell, Blow, and Rogers — 11. 

Nays — The Chairman, Messrs. Howard and Gibson — 3. 

Absent and not voting — Mr. Johnson — 1. 

So the motion was agreed to. | 

Mr. Stevens moved to amend the proposed article by adding the 
following : 

"And Avherever the words ' citizen of the United States ' are used in 
the Constitution of the United States, they shall be construed to mean 
all persons born in the United States, or naturalized, excepting 
Indians." 

Pending the consideration of which Mr. Conkling moved to amend 
the proposed article by striking out the words " citizens of the United 
States in each State," and inserting in lieu thereof the words, " per- 
sons in each State, excluding Indians not taxed." 

The question was taken by yeas and nays, and it was decided in the 
affirmative — yeas 11, nays 3, absent and not voting 1 ; as follows : 



JOURNAL. 13 

Yeas — Messrs. Grimes, Harris, Howard, Williaras, Washburne, 
Morrill, Grider. Conkling, Boiitwell, Blow, and Rogers — 11. 

Nays — The Chairman, and Messrs. Stevens and Bingham — 3. 

Absent akd not voting — Mr. Johnson — 1, 

So the amendment was adopted. 

Mr. Morrill moved to further amend by striking out the word 
" creed " wherever it occurred in the proposed article. 

The amendment was adopted. 

Mr. Stevens withdrew his amendment. 

The question was upon agreeing to the proposed article as amended, 
which was as follows:, 

" Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according to 
their respective numbers, counting the whole number of persons in 
each State, excluding Indians not taxed; provided that whenever the 
elective franchise shall be denied or abridged in any State on account 
of race or color, all persons of such race or color shall be excluded 
from the basis of representation." 

The question was taken by yeas and nays, and it was decided in the 
affirmative — yeas 13, nay 1, absent and not voting 1; as follows: 

Yeas — The Chairman, Messrs. Grimes, Harris, Howard, Williams, 
Stevens, Washburne, Morrill, Grider, Bingham, Conkling, Boutwell, 
and Blow— 13. 

Nay — Mr. Rogers — 1. 

Absent and not voting — Mr. Johnson — 1. 

So the proposed article as amended was agreed to. 

Pending the call of the yeas and nays, 

Messrs. Howard and (irider each said, that although they voted in 
the affirmative, they desired to be understood as retaining their riglit 
to support, in their respective Houses, some proposition more in ac- 
cordance with their views, should they deem it advisable to do so. 
On motion of Mr. Bingham, it was 

Ordered^ That the chairman of the Senate portion of the joint com- 
mittee [Mr. Fessenden] and the chairman of the House portion of 
the joint committee [Mr. Stevens] be instructed to report as early as 
practicable to their respective houses, the proposed amendment to 
the Constitution of the United States, this day agreed upon by the 
joint committee, and recommend its adoption by the same. 

Mr. Rogers asked and obtained leave to submit to the House of 
Representatives, a report setting forth the views of the minority of 
the joint committee upon the proposed amendment. 

Adjourned to meet on call of the Chairman. 

WEDNESDAY, January 24, 1866. 

The committee met pursuant to call of its Chairman. Absent, 
Messrs. Harris and Johnson. 

The Chairman laid before the committee the following resolution 
of the Senate, which was ordered to be entered upon the journal : 

''•January 22, 1866. 
'"''Resolved^ That until otherwise ordered, all papers presented to 
the Senate relating to the condition and title to representation of the 
so-called Confederate States, shall be referred to the joint committee 
upon that subject." 



14 JOINT COMMITTEE ON RECONSTRUCTION. 

The committee proceeded to the consideration of the following 
amendment to the Constitution proposed by the subcommittee on the 
basis of representation: 

" Congress shall haAe power to make all laws necessary and proper 
to secure to all citizens of the United States in each State the same 
political rights and privileges: and to all persons in every State equal 
protection in the enjoyment of life, liberty, and property.-' 

Mr. Howard moved to amend by inserting the words '^ and elective " 
after the word '' political.'' 

The question was taken by yeas and nays, and decided in the 
negative — yeas 2, nays 10, absent and not voting 3; as follows: 

Yeas — Messrs. Howaixl and Kogers — 2. 

Nays — The Chairman, Messrs. Williams, Stevens, Washburne, Mor- 
rill, Grider, Bingham, Conkling, Boutwell, and Blow — 10. 

ABSE^'T AND NOT voTiNC — Me^srs. Grimes, Harris, and Johnson — 3. 

So the amendment was not agreed to. 

Mr. Boutwell moved to amend by striking out to and including the 
words •• political rights and privileges." and inserting in lieu thereof 
the following: 

" Congress shall have power to abolish any distinction in the exer- 
cise of the elective franchise in any State which by law, regulation, 
or usage may exist therein." 

The amendment was not agreed to. 

Mr. Blow mo\ed to refer the proposed amendment to a select com- 
mittee of three, to be appointed by the chaii-man, with instruction to 
carefully revise the same. 

The question was taken by yeas and nays, and it was decided in the 
affirmative — yeas T. nays 5, absent and not voting 3 ; as follows : 

Yeas — The Chairman, Messrs. Morrill, Grider, Conkling, Bout- 
well, Blow, and Rogers — 7. 

* Nays — Messrs. Howard, Williams. Stevens. Washburne. and Bing- 
ham — 5. 

Absent and not voting — Messrs. Grimes, Harris, and Johnson — 3. 

The motion to refer was accordingly agreed to. 

The Chairman appointed as the subcommittee Messrs. Bingham, 
Boutwell, and Rogers. 

On motion of INIr. Stevens, 

Ordered^ That the injunction of secrecy be removed so far as to 
allow any member of the committee to announce in his place in 
Congress the substance and motive of the proposed amendment to 
the Constitution of the Ignited States, under consideration by the 
committee this morning. 

Adjourned to meet on call of the Chairman. 

SATURDAY, January 27, 1866. 

The committee met pursuant to the call of i4;s Chairman. Absent, 
Messrs. Blow and Rogers. 

Mr. Bingham, from the subcommittee on the powers of Congress, 
reported back the proposed amendment to the Constitution referred 
to them, in the following form: 

" Congress shall have power to make all laws which shall be neces- 
sary and proper to secure all persons in every State full protection in 



JOUENAL. 15 

the enjoyment of life, liberty, and property ; and to all citizens of the 
United States, in any State, the same immunities and also equal 
political rights and privileges." 

The Chairman moved to strike out the word " also " in the last 
clause. 

The motion was agreed to. 

Mr. Johnson mo\ed to amend the last clause by striking out the 
word '• anv " and inserting the word " everv "" before the word 
"State." 

The motion was agreed to. 

Mr. Johnson moved to strike out the word " all "' before the word 
" laws." 

The motion was agreed to. 

Mr. Johnson moved to strike out the last clause of the proposed 
amendment. 

The question was taken by yeas and nays, and it was decided in the 
negative — yeas 4, nays (>. absent and not voting 5; as follows: 

Yeas — Messrs. Harris. Johnson, (irider, and Conkling — L 

Nats — The Chairman, Messrs. Williams, Stevens, Morrill. Bing- 
ham, and Boutwell — 6. 

AnsE>"T AND NOT VOTING — Messrs. Grimes, Howard, AVashburne. 
Blow, and Eogeis — 5. 

So the amendment was not agi'eed to. 

Mr. Stevens moved that the Chairman be instructed to report the 
joint resolution, as amended, to the Senate and recommend its adop- 
tion by Congress. 

The question was taken by yeas and nays, and it was decided in the 
negative — ^yeas 5, nays 5, absent and not voting 5 : as follows : 

Yeas — The Chairman, Messrs. Williams, Stevens, Morrill, and 
Bingham — 5. 

Nats — ISIessrs. Hari'is, Johnson, Grider, Conkling, and Bout- 
well — 5. ~~ 

Absent and not voting — Messrs. Grimes, Howard, Washburne, 
Blow, and Rogers — 5. 

So the motion was not agreed to. 

On motion of Mr. Stevens, the further consideration of the joint 
resolution was postponed until the next meeting of the committee. 

Adjourned to meet on call of the Chairman. 

WEDNESDAY, Januart 31, 18G6. 

The committee met pursuant to the call of its Chairman. Absent, 
Mr. Washburne. 

Mr. Stevens laid before the committee the joint resolution hereto- 
fore repoi'ted by the committee proposing an amendment to the 
Constitution of the United States in relation to the basis of represen- 
tation, which, together with all propositions upon the same subject 
offered by members of the House, was. by order of the House, again 
referred to this committee without instructions. 

The committee proceeded to consider the joint resolution. 

After discussion, 

Mr. Stevens moved to amend the same by striking out the words 
" and direct taxes." 



16 JOINT COMMITTEE ON RECONSTRUCTION. 

The motion was agreed to, by yeas and nays, as follows: 

Yeas — The Chairman, Messrs. Grimes, Harris, Howard, Johnson, 
Williams. Stevens. Morrill. Bingham, Conkling, BontAvell, and 
Blow— 12. 

Nays — Messrs. Grider and Rogers — 2. 

Absejst and not voting — Mr. Washbiirne — 1. 

Mr. Johnson moved to amend the proviso so that it should read : 

'"''Provided^ That whenever the elective franchise shall be denied oi' 
abridged in any State on account of race or color, in the election of 
the members of the most numerous branch of the State legislature, or 
in the election of the electors for President or Vice-President of the 
United States, or members of Congress, all persons therein of such 
race or color shall be excluded from the basis of representation.'"' 

The motion was not agreed to. 

Mr. Johnson submitted the following, in ordei" to obtain the sense 
of the committee: 

Resolved, That the proposed amendment to the Constitution of the 
United States, in relation to the basis of representation, should be so 
modified as to include among the grounds of disqualification therein 
referred to in relation to the elective franchise, one in regard to 
former condition of slavery. 

The question was taken by yeas and nays, and it was decided in the 
negative — j'^eas 6, nays 7. absent and not noting 2 : as follows : 

Yeas — The Chairman, Messrs. Howard, Johnson, Williams, Grider, 
and Blow — 6. 

Nays — Messrs. (xrimes. Harris. Stevens, Morrill, Bingham. Conk- 
ling, and Boutwell — 7. 

Absent and not voting — Messrs. Washburne and Rogers — 2. 

So the resolution was not agreed to. 

Ml". Stevens moved that the joint resolution, as modified, be re- 
ported back to tlie House of Representatives, with a recommendation 
that the same do pass. 

The question Avas taken by yeas and nays, and it was decided in the 
affirmative — yeas 10, nays 4. absent and not voting 1 ; as follows : 

Yeas — Messrs. Grimes. Harris, Howard, Williams, Stevens, Mor- 
rill, Bingham. Conkling, Boutwell, and Blow — 10. 

Nays — The Chairman, Messrs. Johnson, Grider, and Rogers — 1. 

Absent and not voting — Mr. Washburne — 1. 

The motion was accordingly agreed to. 

Adjourned to meet on call of the Chairman. 

SATURDAY, February 3, 1866. 

The committee met pursuant to call of its Chairman. Absent, 
Messrs. Johnson and BIoav. 

The committee resumed the consideration of the proposed amend- 
ment of the Constitu.tion of the TTnited States, reported from the sub- 
committee on poAvevs of Congress: the same having been amended, 
when last under consideration by the committee (January 27, 1866). 
to read as folloAvs : 

" Congress shall have poAver to make laAvs which shall be necessary 
and proper to secure to all persons in every State full protection in 
the enjoyment of life, liberty, and property; and to citizens of the 



JOURNAL. 17 

United States in every State the same immunities and eniial political 
rights and privileges." 

Mr. Bingham moved the following as a snbstifaie. by way of 
amendment : 

" The Congress shall have power to make all laws which shall be 
necessary and proper to secure to the citizens of each State all privi- 
leges and immunities of citizens in the several States ( Art. 4. sec. 2) ; 
and to all persons in the several States equal protection in the rights 
of life, liberty, and property (oth amendment)." 

After discussion. 

The question was taken by yeas and nays, and it was determined in 
the affirmative — yeas T, nays 6, absent and not voting 2 : as follows: 

Yeas — Messrs. Howard, Williams. Washburne. ]\Iorrill. Bingham, 
Boutwell. and Eogers — 7. 

Xays — The Chairman, Messrs. Grimes. Harris. Stevens. Grider, 
and Conkling— 6. 

Absent and not voting — Messrs. Johnson and Blow — -2. 

So the amendment was agreed to. 

The question was upon agreeing to the proposed amendment of the 
Constitution as amended. 

The question was taken by yeas and nays, and it was determined in 
the affirmative — yeas 9. navs 4. absent and not voting '2 : as follows: 

Yeas — The Chairman. Messrs. Grimes. Howard. Williams. Stevens, 
Washburne. Morrill, Bingham, and Boutwell — 9. 

Xays — Messrs. Harris. Grider. Conkling. and Rogers — 4. 

Absent and not voting — Messrs. Johnson and Blow — 9.. 

So the proposition as amended vras adopted. 

The question was upon ordering the same to be reported to Con- 
gress for adoption. 

On motion of Mr. Boutwell. the further consideration of the same 
was postponed for the present. 

Mr. Howard submitted the following proposed amendment to the 
Constitution of the United States, for fiiture consideration by the 
committee : 

" That the payment of e^ery kind of indebtedness arising or grow- 
ing out of the late rebellion, contracted or accruing in aid of it, or in 
order to promote it. is forever prohibited to the United States and 
to each of the States ; such indebtedness and all evidences thereof are 
hereby declared and in all courts and places shall be held and treated 
as in violation of this Constitution, and utterly void and of no effect." 

Adjourned to meet on call of the Chairman. 

SATURDAY, February 10, 1866. 

The committee met pursuant to call of its Chairman. Absent, Mr. 
Washburne. 

The committee resumed the consideration of the joint resolution 
proposing an amendment to the Constitution of the United States, as 
amended on motion of Mr. Bingham at the last meeting. 

Mr. Stevens moved that the same be reported to the two houses of 
Congress. 

The question Avas taken by yeas and nays, and it was decided in the 
affirmative — ^yeas 9, nays 5. absent and not voting 1 ; as follows : 
S. Doc. 711, 63-3 2 



18 JOINT COMMITTEE ON RECONSTKUCTION. 

Yeas— The Chairman, Messrs. Grimes, Howard, Williams, Stevens, 
Morrill, Bingham, Boiitwell, and Blow — 9. 

Nays— Messrs. Harris, Johnson, Grider, Conkling, and Rogers— 5. 

Absent and not voting — Mr. Washburne — 1. 

So the motion was agreed to. 

Mr. Grider submitted the following resolution, the consideration of 
■which was postponed till the next meeting of the committee : 

Resolved. That the subcommittee on the condition of Tennessee, as 
to loyalty, be requested to report to this committee, with the proof 
taken touching that question; and that this committee, at its next 
meeting, report to the House and Senate their conclusions and the 
evidence in the case. 

Adjourned to meet on call of the Chairman. 

THURSDAY, February 15, 1866. 

The committee met pursuant to call of its chairman. Absent, Mr. 
Johnson. 

Mr. Bingham, from the subcommittee on Tennessee, submitted a 
report in writing with accompanying papers; also the f ollowing"bill : 

Whereas the people of Tennessee have presented a constitution and 
asked admission into the Union, and which on due examination is 
found to be republican in its form of government : 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That the State of 
Tennessee shall be one, and is hereby declared to be one, of the United 
States of America, on an equal footing with the other States in all 
respects whatever. 

Sec. 2. And he it further enacted^ That until the Representatives in 
Congress shall be apportioned according to an actual enumeration of 
the inhabitants of the United States, the State of Tennessee shall He 
entitled to eight Representatives in Congress. 

After discussion, the further consideration of the same was post- 
poned until the next meeting. 

Adjourned to 11 a. m. on Saturday next. 

SATURDAY, February 17, 1866. 

The committee met pursuant to adjournment. Absent, Mr. Johnson. 

The committee resumed the consideration of the bill in relation to 
Tennessee, as set forth in the journal of the last meeting of the com- 
mittee. 

Mr. Grimes moved to amend the preamble bv inserting the word 
" Constitution " after the word " which." 

The amendment was agreed to. 

Mr. Stevens moved to amend the second section so that it would 
Tead as^ follows : 

" Sec. 2. And be it further enacted that until the next Congres- 
sional election the State of Tennessee shall be entitled to eight repre- 
sentatives." 

The question was taken by yeas and nays, and it was decided in the 
affirmative— yeas 9, naj^s 4, absent and not voting 2 ; as follows : 

Yeas— The Chairman, Messrs. Grimes, Howard, Stevens, Wash- 
burne, Morrill, Bingham, Conkling, and Boutwell— 9. 

Nats— Messrs. Williams, Grider, Blow, and Rogers- 



JOUENAL. 19 

Absent and not voting — Messrs. Harris and Johnson — 2. 

So the amendment Avas agreed to. 

Mr. Williams moved to strike out the second section as amended. 

The motion was agreed to. 

Mr. Harris moved the following as a substitute for the bill as 
amended : 

Resolved hy the Senate and House of Representatives of the United 
States of America in Congress assembled^ That the United States do 
hereby recognize the government of the State of Tennessee, in- 
augurated under a constitution adopted by a convention of the people 
of that State on the 8th day of January, 1865, and ratified bv a vote 
of the people at an election held on the •22d day of February, 1865, 
ns the legitimate government of said State, under which said State 
is entitled to the guarantee and all other rights of a State government 
under the Constitution of the United States. 

Mr. Stevens moved to amend the preamble of the bill reported from 
the subcommittee, by striking out the words " and asked admission 
into the Union." 

(Mr. Johnson here appeared in the committee- room.) 

jNIr. Bingham offered the following as a substitute for the bill of 
the subcommittee : 

AA'hereas the people of Tennessee did, on the 22d day of February, 
in the year of our Lord 18G5, adopt, by a large popular vote, an 
amended constitution of government, republican in form and not in- 
consistent with the Constitution and laws of the United States: 
Therefore, 

Be it resolved hy the Senate and House of Representatives of the 
United States of America in Congress assembled. That the constitu- 
tional relations between Tennessee and the Government of the United 
States are hei-eby restored. 

After discussion, Mr. Bingham submitted the following modifica- 
tion of his substitute : 

Whereas the people of Tennessee did, on the 22d day of February, 
in the year of our Lord 1865, adopt, by a large popular vote, an 
.amended constitution of government, republican in form and not in- 
consistent with the Constitution and laws of the L^nited States; and 

AMiereas the people of Tennessee are in a condition for restoration 
(o the I^nion as a State, and have presented said constitutional gov- 
ernment to Congress and asked to be restored to their constitutional 
•relations to the Government of the United States: Therefore, 

Be if resolved hy the Senate and House of Representatives of the 
United States of America in Congress assemhled. That the constitu- 
tional relations between Tennessee and the Government of the United 
States are hereby restored, and the said State of Tennessee is declared 
to be a State in the Union on the same footing with the other States 
of the Union. 

Mr. Harris withdrew his substitute. 

The question was then taken by yeas and nays upon adopting the 
substitute of Mr. Bingham for the joint resolution reported from the 
subcommittee on Tennessee, as the basis of action for the joint com- 
mittee, and it was decided in the affirmative — yeas 9. nays 4, absent 
or not voting 2: as follows: 

Yeas — The Chairman. Messrs. Grimes, Harris, Johnson. Williams, 
Washburne, Morrill, Bingham, and Blow — 9. 



20 JOINT COMMITTEE ON RECONSTKTJCTION. 

Nays — Messrs. Howard, Stevens, Grider, and Rogers — 1^. 

Absent or not voting — Messrs. Conkling and Boutwell — 2. 

So the substitute was adopted as the basis of action of the com- 
mittee. 

Mr. Kogers moved the following: 

Resolved hy the Senate and House of Representatives of the United 
States of Aynerica in Congress assembled, That the State of Tennes- 
see is one of the States of and in this Union, with all the rights and 
privileges of the other States, and is entitled to her full representa- 
tion in the Congress of the United States. 

The same was rejected. 

Mr. Williams moved that the whole subject of Tennessee be re- 
ferred to a select committee of three members, to be appointed by 
the Chairman, and with instructions to r^oort thereon to the joint 
committee at the next meeting. 

The question was taken by .yeas and nays, and it was decided in 
the affirmative — 3'eas 8, nays 7 ; as follows : 

Yeas — -The Chairman, Messrs. Howard, Williams, Stevens, Wash- 
burne. Morrill, Conkling, and Boutwell — 8. 

Xays — IMessrs. Grimes. Harris. Johnson, Grider, Bingham, Blow, 
and Rogers — 7. 

So the motion was agreed to. 

The Chairman appointed the following members as the select 
committee just ordered : 

Messrs. Williams, Conkling, and Boutwell. 

Adjourned till 10^ o'clock a. m. on Monday next. 

MONDAY,- February 19, 186G. 

The committee met pursuant to adj ournment. Absent, Mr. Johnson. 

Mr. Conkling, from the select committee on Tennessee, appointed 
at the last meeting of the committee, made a verbal report, and sub- 
mitted the following as a substitute for the proposition of ]\lr. 
Bingham, which was referred to the select committee: 

Resolved, hy the Senate and House of Representatives of the United 
States of America In Congress assembled. That the functions and 
relations of Tennessee as a member of the Union are hereby declared 
to be established, and that Senators and Representatives therefrom, 
their several elections, fiualifications. and returns being regular and 
sufficient, shall be entitled to admission. 

And be it further resolved. That the toregoing declaration is made 
upon the following fundamental conditions and guarantees: 

First. The State of Tennessee shall never assume or pay any debt 
or obligation contracted or incurred in aid of the late rebellion, nor 
shall said State ever repudiate any debt or obligation contracted or 
incurred in aid of the Federal Government against said rebellion ; 
and said State shall be forever bound in like manner as the other 
States within this Union for the debt of the United States. 

'Second. The said State shall forever maintain in its constitution 
the provision therein contained disavowing the doctrine of secession. 

Third. The said State shall, for not less than five years from the 
ratification of this resolution, as hereinafter provided, exclude from 
the elective franchise and from offices of honor, trust, or profit, all 



JOUEXAL. 21 

those Avho adhered to and voluntarily gave aid or comfort to the late 
rebellion. 

And he it further resolved. That the ratification of the foregoing 
conditions b}^ a majority of the qualified electors of said State, in 
such manner as the legislature thereof may prescribe, shall be deemed 
an acceptance of this resolution; and upon a proclamation of such 
ratification by the President of the United States the same shall 
become operative. 

Mr. Bingham moved to strike out the third condition. 

Mr. Boutwell moved to amend the second resolution by adding to 
it the following: 

Fourth. The said State shall make no distinction in the exercise 
of the elective franchise on account of race or color. 

Pending the consideration of which. 

The Chairman moAed to amend the first condition of the second 
resolution l)y striking out all after the words " in aid of the late 
i-ebellion." 

After discussion, 

The committee adjourned till 10^ a. m. to-morrow. 

TUESDAY, February 20, 1866. 

The committee met pursuant to adjournment. Absent, Mr. Johnson. 

The committee resumed the consideration of the joint resolution in 
relation to Tennessee. 

The pending question was upon the motion of the Chairman to 
amend the first condition of the second resolution so that the same 
should read as follows: 

'' The State of Tennessee shall never assume or pay any debt or 
oljligation contracted or incurred in aid of the late rebellion.'" 

The question was taken by yeas and nays, and it was decided in 
the affirmative — yeas 8, nays 4. absent or not voting 3 ; as follows : 

Yeas — The Chairman, Messrs. Harris, Howard. Washburne, Mor- 
lill, Grider, Bingham, and Sogers — 8. 

Nays — Messrs. Williams, Stevens, Conkling, and Boutwell — 4. 

Absent or not voting — Messrs. Grimes. Johnson, and Blow — 3. 

So the amendment was agreed to. 

The question then recurred upon the motion of Mr. Boutwell to 
still further amend the second resolution by adding the following 
condition : 

'' Fourth. Said State shall make no distinction in the exercise of 
the elective franchise or account of race or color." 

The question was taken by yeas and nays, and it was decided in 
the negative — yeas 5. nays 6, absent or not voting 4; as follows: 

Yeas — Messrs. Howard, Stevens. Washburne. Morrill, and Bout- 
well— 5. 

Nays — Messrs. Harris, "Williams, Grider, Bingham, Conkling, and 
Kogers- — 6. 

Absent or not votinc; — The Chairman, Messrs. Grimes, Johnson, 
and Blow — 4. 

So the amendment was not agreed to. 

Mr. Bingham moved the following as a substitute: 

"' Whereas the people of Tennessee have presented a constitution 
to Congress, which constitution, on due examination, is found to be 



22 JOINT COMMITTEE ON EECONSTRUCTION. 

republican in its form of government, and the people are found to 
be in a condition to exercise the functions of a State, and can only 
exercise the same by the consent of the law-making power of the 
United States: Therefore, 

"5e it enacted hy the Senate and House of Representatioes of the 
United States of America in Congress a^sembled^ That the State of 
Tennessee is hereby declared to be one of the United States of 
America, on an equal footing with the other States in all respects 
whatever." 

Pending the consideration of which, 

Mr. Stevens said his opinions as to the expediency and propriety of 
this action on the part of the joint committee had been materially 
changed since yesterday. The first duty of the committee was to 
declare the power of Congress over this subject of reconstruction. 
He therefore moved to postpone all other business for the purpose 
of enabling him to offer the following concurrent resolution, upon 
which he should ask immediate action : 

" Concurrent resolution concerning insurrectionary States. 

"5e it resolved hy the House of Rejyresentatives {the Senate con- 
curring)., That in order to close agitation upon a question which 
seems likely to disturb the action of the Government, as well as to 
quiet the uncertainty which is agitating the minds of the people of 
the eleven States which have been declared to be in insurrection, 
no Senator or Representative shall be admitted into either branch 
of Congress from any of said States until Congress shall have de- 
clared such State entitled to such representation." 

After discussion. 

The question was taken by yeas and nays upon the motion to 
postpone, and it was decided in the affirmative — yeas 10, nays 4, 
absent 1 ; as follows : 

Yeas — The Chairman, Messrs. Grimes, Harris, How^ard, Williams, 
Stevens, Washburne, Morrill, Conkling, and Boutwell — 10. 

Nays — Messrs. Grider, Bingham, Blow, and Rogers — 4. 

Absent — Mr. Johnson — 1. 

So the motion was agreed to. 

Mr. Stevens submitted the foregoing concurrent resolution, and 
moved it be adopted and reported forthwith to the House of Repre- 
sentatives. 

The question was taken by yeas and nays, and it Avas decided in 
the affirmative — yeas 12, nays 2, absent 1 ; as follows : 

Yeas — ^The Chairman, Messrs. Grimes, Harris, Howard, Williams, 
Stevens, Washburne, Morrill, Bingham, Conkling. Boutwell, and 
Blow— 12. ■ 

Nats — Messrs. Grider and Rogers — 2. 

Absent — Mr. Johnson — 1. 

So the resolution was adopted. 

Adjourned to meet on call of the Chairman. 



JOURNAL. 23 

SATURDAY, March 3, 1866. 

The committee met pursuant to the call of the Chairman. Absent, 
Messrs. Grimes, Howard, and Blow. 

The following resolution of the Senate was received and recorded : 

" February 20, 1866. 
" On motion by Mr. Wilson, 

'''Resolved., That the Joint Committee on Reconstruction be di- 
rected to inquire into and report how far the States lately in re- 
bellion, or any of them, have complied with the terms proposed by 
the President as conditions precedent to their resumption of prac- 
tical relations with the United States; which terms and conditions 
were as follows, viz : 

" 1st. That the several State constitutions should be amended by 
the insertion of a provision abolishing slavery. 

" 2d. That the several State conventions should declare null and 
void the ordinances of secession and the laws and decrees of the. 
Confederacy. 

" 3d. That the several State legislatures should ratify the amend- 
ment to the Federal Constitution abolishing slavery. 

"4th. That the rebel debt. State and Confederate, should be re- 
pudiated. 

" 5th. That civil rights should be secured by laws applicable alike 
to whites and blacks." 

The committee resumed the consideration of the joint resolution 
concerning Tennessee. 

The pending question was upon the motion of Mr. Bingham, to 
substitute for the basis of the action of the committee that which 
was offered by him at the last meeting of the committee. 

Mr. Bingham modified the preamble of his substitute by inserting 
after the words " the functions of a State " the words " within this 
Union ; " so that the same would read : " And the people are found 
to be in a condition to exercise the functions of a State within this 
Union," &c. 

After discussion. 

The question was taken upon the motion to substitute, and it was- 
decided in the affirmative — yeas 7, nays 5, absent or not voting 3; 
as follows: 

Yeas — Messrs. Harris. Johnson, Stevens, Washburne, Grider, 
Bingham, and Rogers — 7. 

Nays — The Chairman, Messrs. Williams, Morrill, Conkling, and 
Bout well — 5. 

Absekt or kot voting — Messrs. Grimes, Howard, and Blow — 3. 

So the motion to substitute was agreed to. 

Mr. Johnson moved to amend the substitute by striking out of the 
preamble the last clause, as follows : 

" And can only exercise the same by the consent of the law-making 
power of the United States." 

After discussion, 

The question was taken hy yeas and nays, and it was decided in 
the negative — yeas 4, nays 7. absent or not voting 4 ; as follows : 

Yeas — Messrs. Harris, Johnson, Grider, and Rogers- 



24 JOINT COMMITTEE OX EECONSTEUCTION. 

Nays — The Chairman. Messrs. Williams, Stevens, Washbnrne, 
Morrill. Bingham, and Boutwell— 7. 

Absent or xot aoting — Messrs. Grimes, Howard, Conkling, and 
Blow — 1. 

So the motion to strike out was not agreed to. 

(Mr. Blow entered the committee room about this time.) 

The Chairman stated that he had just received a note from Mr. 
Grimes, stating that he was absent on account of indisposition, and 
requesting the chairman to cast his vote for him on all questions 
before the committee. 

The question was upon adopting the preamble and bill substituted 
for the joint resolution of the select committee, on motion of Mr. 
Bingham. 

During the discussion thereon. 

The Chairman read a preamble and resolution in relation to Ten- 
nessee which he had drawn up, but stated that he would not offer it 
for the action of the committee. 

Mr. Bingham said he would, with the consent of the committee, 
modify his preamble in accordance with what the chairman had 
read, and also change the form of the bill so as to make it a joint 
resolution. 

Leave was granted, and the preamble and bill of Mr. Bingham 
was modified as follows : 

" ^'^Hiereas the people of Tennessee have made laiown to the Con- 
gress of the United States their desire that the constitutional rela- 
tions heretofore existing between them and the United States may 
be fully established, and did, on the 22d day of February, 1865, by 
a large popular vote, adopt and ratify a constitution of government, 
republican in form, and not inconsistent with the Constitution and 
laAvs of the United States, and a State government has been organ- 
ized under the provisions thereof, which said provisions and the laws 
passed in pursuance thereof proclaim and denote loyalty to the 
Union; and 

" Whereas the people of Tennessee are found to be in a condition 
to exercise the functions of a State within this Union, and can only 
exercise the same by the consent of the law-making power of the 
United States: Therefore, be it 

" Resoli^ed hy the Senate and House of Representatives of the 
United States of America in Congress assembled. That the State of 
Tennessee is hereby declared to be one of the United States of. 
America, on an equal footing with the other States in all respects 
whatever." 

The question was upon adopting the preamble and joint resolution 
as modified. 

Mr. Harris and Mr. Conkling called for a division of the question. 

The question was first taken l)y yeas and nays upon agreeing to 
the joint resolution, and it was decided in the affirmative — yeas 8, 
nays 4, absent or not voting 3 ; as follows : 

Yeas — Messrs. Harris, Johnson, Williams, Stevens, Grider. Bing- 
ham, Blow, and Rogers — 8. 

Nays — The Chairman. Messrs. Washburne. Morrill, and Bout- 
well— 4. 

Absent on not voting — INIessrs. Grimes. Howard, and Conklini.- — 3. 

So the joint resohition Avas agreed to. 



JOUEXAL. 25 

The question was then taken by yeas and nays upon agreeing; to 
the preamble, and it Avas decided in the affirmative — yeas 7, nays 5, 
absent or not voting 3 ; as follows : 

Yeas — The Chairman. Messrs. Johnson, Williams, Washburne, 
Grider. Bingham, and Blow — 7. 

Xays — Messrs. Harris, Stevens, Morrill, Boutwell, and Eogers — 5. 

Absent or xot voting — Messrs. Grimes, Howard, and Conk- 
ling— 3. 

So the preamble w^as agreed to. 

Pending the call of the yeas and nays upon agreeing to the pre- 
amble and resolution, 

The Chairman asked to have the votes of Mr. Grimes recorded, in 
accordance with his request in a note to the Chairman. 

]Mr. Rogers objected, and the votes were recorded and the result 
announced as above. 

Mr. Bingham moved that the preamble and joint resolution, to- 
gether with the memorial, accompanying papers, and testimony re- 
lating to Tennessee, be reported to the House of Kepresentatives. 

IVIr. Conkling moved to amend the motion of Mr. Bingham by 
adding that all the testimony taken by subcommittees in relation to 
the States which have been declared to be in insurrection which may 
be ready for publication be also reported to Congress, and its print- 
ing recommended. 

After discussion. 

The question was taken upon the amendment of Mr. Conkling, and 
upon a division there were ayes 4. noes 6. 

So the amendment was not agreed to. 

The motion of Mr. Bingham was then agreed to. 

Mr. Conkling and Mr. Rogers severally asked and obtained leave 
to submit minority reports. 

Mr. Washburn moved that the several subcommittees be instructed 
to prepare and arrange for publication the testimony taken by them, 
and that the same be reported to Congi'ess. and its printing recom- 
mended. 

The question was taken by yeas and nays, and it was decided in 
the affirmative — yeas 9, nays 3, absent or not voting 3 ; as follows : 

Yeas — The Chairman, Messrs. Harris. Williams. Stevens, Wash- 
burne. Bingham, Conkling, Boutwell, and Blow — 9. 

Nays — Messrs. Johnson. Grider, and Rogers — 3. 

Absent or not voting — Messrs. Grimes, Howard, and Morrill — 3. 

So the motion was agreed to. 

Adjourned to meet on call of the Chairman. 

MONDAY, March 5, 1866. 

The committee met pursuant to the call of its Chairman. Absent. 
Messrs. Howard and Blow. 

Mr. Bingham moved to reconsider the vote by which the commit- 
tee agreed to the joint resolution in relation to Tennessee, and di- 
rected the same to be reported to the House of Representatives. 

The motion to reconsider was agreed. to. 



26 JOIXT COMMITTEE ON RECONSTRUCTION. 

Mr. Bingham moved to amend the joint resohition by striking out 
at the close the words ''in all respects whatever" and adding to the 
resolution the following: 

" Upon the express condition that the people of Tennessee will 
maintain and enforce in good faith their existing constitution and 
laws, excluding those who have been engaged in rebellion against 
the United States from the exercise of the elective franchise for the 
respective periods of time therein provided for, and shall also ex- 
clude for like periods of time the same persons from eligibility to 
office." 

Mr. Stevens moved to amend the amendment by adding as follows : 

"Which conditions shall be ratified by the legislature of Tennes- 
see, or the people thereof, as the legislature may direct, before this 
act shall take effect." 

The question was taken by yeas and nays upon the amendment to 
the amendment, and it was decided in the affirmative — yeas 8, nays 5, 
absent or not voting 2 ; as follows : 

Yeas — The Chairman, Messrs. Grimes, Williams, Stevens, Wash- 
burne, Morrill, Conkling, and Boutwell — 8. 

Nays — Messrs. Harris, Johnson, Grider. Bingham, and Rogers — 5. 

Absent or not voting — Messrs. Howard and Blow. 

So the amendment to the amendment was agreed to. 

The question was then taken by yeas and nays upon the amend- 
ment as amended, and it was decided in the affirmative — yeas 10, 
nays 3, absent or not voting 2 ; as follows : 

Yeas — The Chairman, Messrs. Grimes. Harris, Williams, Stevens, 
Washburne, Morrill, Bingham. Conkling, and Boutwell — 10. 

Nays — Messrs. Johnson, Grider, and Rogers— 3. 

Absent or not voting — Messrs. Howard and Blow — 2. 

So the amendment as amended was agreed to. 

Mr. Conkling moved to further amend the joint resolution by in- 
serting before the part adopted on motion of Mr. Stevens the 
following : 

"And the State of Tennessee shall never assume or pay any debt 
or obligation contracted or incurred in aid of the late rebellion; 
nor shall said State ever in any manner claim from the United States 
or make any allowance or compensation for slaves emancipated or 
liberated in any way whatever." 

The question was taken by yeas and nays, and it was decided in 
the affirmative — yeas 10, nays 3, absent or not voting 2; as follows: 

Yeas — The Chairman. Messrs. Grimes, Harris, Williams, Stevens, 
Washburne, Morrill, Bingham, Conklins:, and Boutwell — 10. 

Nays — Messrs. Johnson, Grider, and Rogers — ?>. 

Absent or not voting — Messrs. Howard and Blow — 2. 

So the amendment Avas agreed to. 

Mr. Stevens moved to further amend the preamble and joint reso- 
lution by transferring the enacting clause from just before the joint 
resolution to the beginning of the preamble. 

The question was taken by yeas and nays, and it was decided in 
the affirmative — yeas 10, nays 3, absent 2 ; as follows : 

Yeas — The Chairman, Messrs. Grimes. Harris, Williams, Stevens, 
Washburne, Morrill. Bingham, Conkling. and Boutwell — 10. 

Nays — Messrs. Johnson, Grider. and Rogers — 3. 

Absent or not voting; — Messrs. Howard and Blow — 2. 



JOURNAL. 27 

So the motion of Mr. Stevens was agreed to. 

Mr. Harris moved to strike out the following words : 

" And can only exercise the same by the consent of the law-making 
power of the United States." 

The question was taken by yeas and nays, and it w^as decided in 
the negative — yeas 5, nays 8, absent or not voting 2 ; as f ollow^s : 

Yeas — The Chairman, Messrs. Harris, Johnson, Grider, and 
Rogers — 5. 

Nays — Messrs. Grimes, Williams, Stevens, Washburne, Morrill, 
Bingham, Conkling, and Boutwell — 8. 

Absent or not voting — Messrs. Howard and Blow — 2. 

The question was then taken by yeas and nays upon agreeing to 
the joint resolution as amended, and directing the same to be re- 
ported to the House of Representatives, and it was decided in the 
affirmative — yeas 8, nays 5, absent or not voting 2; as follows: 

Yeas — The Chairman, Messrs. Grimes, Harris, Williams, Stevens, 
IMorrill, Bingham, and Conkling — 8. 

Nats — Messrs. Johnson, Washburne, Grider, Boutwell and Rog- 
ers — 5. 

Absent or not voting — Messrs. Howard an,d Blow — 2. 

So the joint resolution w^as adopted and ordered to be reported to 
the House of Representatives. 

Adjourned to meet on call of the Chairman. 

MONDAY, April 16, 1866. 

The committee met pursuant to the call of the Chairman. Absent, 
Messrs. Fessenden, Harris. Grider, Conkling, Boutwell, and Blow. 

Mr. Morrill stated that he called on Mr. Fessenden yesterday and 
found him confined to his bed by illness, and under the care of a 
physician. 

Mr. Stevens (chairman of the House portion of the committee) 
took the chair and called the committee to order. 

The object of the meeting was stated to be to hear Mr. Stewart, 
Senator from the State of Nevada, explain the purpose and effect of 
the joint resolution introduced by him in the Senate of the United 
States on the 12th instant, being entitled "Joint resolution (S. R. 
()2) proposing an amendment to the Constitution of the United 
States; also setting forth certain conditions upon which the States, 
the people of which have been lately in insurrection against the 
United States, should be restored to their representation in Con- 
gress." 

Mr. Stewart proceeded to address the committee at length in sup- 
port and advocacy of his resolution. 

After he had concluded. 

On motion of Mr. Grimes, 

The committee adjourned to 11 a. m. on Saturday next. 

SATURDAY, April 21, 1866. 

The committee met pursuant to adjournment. Absent, the Chair- 
man and Messrs. Harris and Conkling. 

Mr. Stevens moved that Mr. Johnson take the chair in the absence 
of the Chairman. 



28 JOIXT COMMITTEE ON RECONSTRUCTION. 

The motion was airreed to. 

Mr. Grimes stated that Mr. Fessendeii Avas recovering, and woidd 
probably be out next week. 

On motion of Mr. Stevens, 

Resolved^ That in the opinion of this committee it is expedient 
that the taking of testimony by the several subcommittees be con- 
cluded next week. 

Mr. Stevens said he had a plan of reconstruction; one not of his 
own framing, but which he should support, and which he submitted 
to the committee for consideration. 

It was read as follows: 

A joint resolution proposing an amendment to the Constitution, and 
to provide for the restoration to the States lately in insurrection 
of their full political rights. 

Whereas it is expedient that the States lately in insui-rection 
should, at the earliest day consistent with the future peace and safety 
of the Union, be restored to full participation in all political rights : 
Therefore, 

Be it resolved hy the Senate and House of Representatives of the 
United States of America in Congress assembled (ttro-thirds of both 
houses concurring) , That the following article be proposed to the legis- 
latures of the several States as an amendment to the Constitution 
of the United States, which, when ratified by three-fourths of said 
legislatures, shall be valid as part of the Constitution, namely : 

Articlk — . 

Section 1. No discrimination shall be made by any State, nor by 
the United States, as to the civil rights of persons because of race, 
color, or previous condition of servitude. 

Sec. 2. From and after the fourth day of July, in the year one 
thousand eight hundred and seventy-six. no discrimination shall be 
made by any State, nor by the United States, as to the enjoyment 
by classes of persons of the right of suffrage, because of race, color, 
or previous condition of servitude. 

Sec. 3. Until the fourth day of July, one thousand eight hundred 
and seventy-six, no class of persons, as to the right of any of whom to 
suffrage discrimination shall be made by any State, because of race, 
color, or previous condition of servitude, shall be included in the 
basis of representation. 

Sec. 4. Debts incurred in aid of insurrection or of war against the 
Union, and claims of compensation for loss of involuntary service or 
labor, shall not be paid l)y any State, nor by the United States. 

Sec. 5. Congress shall have power to enforce, by appropriate legis- 
lation, the provisions of this article. 

And be it f mother resolved. That whenever the above-recited amend- 
ment shall have become part of the Constitution, and any State 
lately in insurrection shall have ratified the same, and shall have 
modify its constitution and laws in conformity with the first section 
thereof, the Senators and Representatives from such State, if found 
duly elected and qualified, shall, after having taken the usual oath 
of office, be admitted as such : Provided^ That no person who. having 



JOUEXAL. 29 

been an officer in the Army or Xavy of the United States, or having 
been a member of the Thirty-sixth Congress, or of the Cabinet, in 
the year one thousand eight hundred and sixty, took part in the late 
insurrection, shall be eligible to either branch of the national Legis- 
lature until after the fourth day of July, one thousand eight hun- 
dred and seventy-six. 

]Mr. Stevens said he had submitted the proposed amendment to 
the Constitution, with the proposed legislation of Congress, to the 
committee for action together : but it would be necessary to submit the 
tAvo propositions separately to Congress for its action. 

The committee then proceeded to consider the same. 

The question was upon agreeing to the first section of the pro- 
posed amendment. 

Mr. Bingham moved to amend the same by adding the following : 

" Xor shall any State deny to any person within its jurisdiction 
the equal protection of the laAvs, nor take private property for public 
use Avithout just compensation." 

After discussion thereon. 

The question Avas taken, and it was decided in the negative^ — ■ 
yeas 5, nays T. absent 3; as follows: 

Yeas — Messrs. Johnson. Stevens. Bingham. Blow, and Rogers — 5. 

Nays — Messrs. Grimes. Howard. Williams. Washburne. Morrill, 
Grider, and Boutwell — 7. 

Absent — Messrs. P'essenden. Harris, and Conkling — 3. 

So the amendment Avas not agreed to. 

The question Avas taken upon adopting the first section, and it was 
decided in the affirmative — yeas 10. nays 2, absent 3; as follows: 

Yeas— Messrs. (xrimes. HoAvarcl. Johnson. Williams, Stevens, 
Washburne, Morrill, Bingham. BoutAvell, and Blow — 10. 

Xays — Messi's. Grider and Rogers — 2. 

Absent — Messrs. Fessenden. Harris, and Conkling — 3. 

The first section was accordingly adopted. 

The question Avas upon adopting the second section. 

After discussion thereon. 

The question Avas taken, and it Avas decided in the affirmatiA'e — 
yeas 8, nays 4. absent 3 ; as f oIIoavs : 

Yeas — Messrs. Grimes. Howard, Williams, Stevens, Washburne, 
Morrill, Bingham, and Blow — 8. 

Nays — Messrs. Johnson, Grider, Boutwell. and Rogers — 4. 

Absent — Messrs. Fessenden. Harris, and Conkling — 3. 

So the second section was adopted. 

The question was then taken upon adopting the third section, and 
it Avas decided in the affirmative — yeas 9. nays 3, absent 3 ; as follows : 

Yeas — Messrs. Grimes. Howard, Williams, Stevens, Washburne, 
Morrill, Bingham, Boutwell. and BIoav — 9. 

Nays — Messrs. Johnson, Grider. and Rogers — 3. 

AfiSENT^Messrs. Fessenden. Harris, and Conkling — 3. 

So the third section Avas adopted. 

The question was upon adopting the fourth section. 

Mr. Rogers moA'ed to amend by striking out the Avords "Jjy any 
State nor," so that the clause Avould read. " shall not be paid by the 
United States." 



30 JOINT COMMITTEE ON RECONSTEUCTION. 

The question was taken, and it was decided in the negative — 
yeas 3, nays 9, absent 3; as folloAvs: 

Yeas — Messrs. Johnson, Grider, and Rogers — 3. 

Nays — Messrs. Grimes, Howard, Williams, Stevens, Washburne, 
Morrill, Bingham, Boutwell, and Blow — 9. 

Absent — Messrs. Fessenden, Harris, and Conkling — 3. 

So the amendment was not agreed to. 

Mr. SteA^ens moved to amend the section by inserting after the 
word " debts " the words, " or obligations already incurred, or which 
may hereafter be " ; so that it would read, " debts or obligations 
already incurred, or which may hereafter be incurred in aid of 
insurrection,'" &c. 

The amendment was agreed to. ' 

The question was taken upon the section as amended, and it was 
decided in the affirmative — yeas 10, nays 2, absent 3 ; as follows : 

Yeas — Messrs. Grimes, Howard, Johnson, Williams, Stevens, 
Washburne, Morrill, Bingham, BoutAvell, and Blow — 10. 

Nays — Messrs. Grider and Rogers — 2. 

Absent — Messrs. Fessenden, Harris, and Conkling — 3. 

So the fourth section as amended was adopted. 

Mr. Bingham moved to insert as section 5 the following: 

"Sec. 5. No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United States; 
nor shall any State deprive any person of life, liberty or property 
Avithout due process of law, nor deny to any person within its juris- 
diction the equal protection of the laws." 

After discussion thereon. 

The question was taken and it was decided in the affirmative — 
yeas 10. nays 2, absent 3; as follows: 

Yeas — Messrs. Grimes, Howard, Johnson, Williams, Stevens,. 
Washburne, Morrill, Bingham, Boutwell, and Blow— 10. 

Nays — Messrs. Grider and Rogers — 2. 

Absent— Messrs. Fessenden, Harris, and Conkling — 3. 

So the section proposed by Mr. Bingham was adopted. 

The sixth section was read, giving Congress poAver to enforce the 
provisions of the article. 

The question Avas taken upon adopting the section, and it was 
decided in the affirmative — yeas 10, nays 2, absent 3 ; as follows : 

Yeas — Messrs. Grimes, HoAvard, Johnson, Williams, Stevens, 
Washburne, Morrill, Bingham, BoutAvell, and BIoaa- — 10. 

Nays — Messrs. Grider and Rogers — 2. 

Absent — Messrs. Fessenden. Harris, and Conkling — 3. 

So the sixth section Avas adopted. 

The conmiittee proceeded to consider the accompanying joint reso- 
lution. 

Mr. Morrill submitted the folloAving additional resolution: 

^'' And he it further resolved^ That Avhen any State lately in insur- 
rection shall have adopted article of amendment to the Consti- 
tution as proposed . any part of the direct tax under the 

act of August 5, 1861, Avhich may be assumed and paid by such Sttite: 
and the payment thereof, upon proper assurances from such State 
to be given to the Secretary of the Treasury of the United States, 
may be postponed for a period not exceeding ten years." 



JOUKNAL. 31 

Pending, which, 

Mr. Bingham moved to amend the resohition submitted by iSIr. 
Stevens by striking out after the enacting chiuse the following 
words : 

" That whenever the above-recited amendment shall have become 
part of the Constitution, and any State lately in insurrection shall 
have ratified the same, and shall have modified its constitution and 
laws in conformity with the first section thereof"; 

And inserting in lieu thereof the following : 

" That whenever, after the 1st day of February, 1867, any State 
lately in insurrection shall have adopted this article of amendment, 
and shall have conformed its constitution thereto and to the Consti- 
tution and laws of the United States, such State shall be entitled to 
representation in the Congress of the United States, and." 

Mr. Conkling at this period of the session entered the committee- 
room and stated that he had been unable to come earlier. 

After some discussion upon the amendment proposed by Mr. 
Bingham, 

On motion of Mr. Grimes, 

Ordered^ That when the committee adjourn to-day it be to meet 
at 10 a. m. on Monday next. 

After further discussion. 

On motion of Mr. Conkling, 

The committee adjourned. 

MONDAY, April 23, 1866. 

The committee met pursuant to adjournment (Mr. Johnson in the 
chair). Absent, Messrs. Fessenden. Harris, and Grider. 

The committee resumed the consideration of the joint resolution 
pending at the adjournment on Saturday last. 

Mr. Stevens said he desired to withdraw the joint resolution sub- 
mitted by him on Saturday, so far as the same related to the admis- 
sion of the States lately in insurrection, for the purpose of sub- 
mitting a bill in its place — leaving the proposed amendment' to the 
Constitution to stand by itself, as it had been adopted by the 
committee. 

Mr. Howard moved that Mr. Stevens have the leave asked. 

The motion was agreed to. and the joint resolution was accordingly 
withdrawn. 

Mr. Stevens submitted the following bill for the consideration of 
the committee : 

A bill to provide for the restoration to the States lately in insurrec- 
tion of their full political rights. 

Whereas it is expedient that the States lately in insurrection 
should, at the earliest day consistent with the future peace and safety 
of the Union, be restored to full participation of all political rights ; 
and 

Whereas the Congress did. by joint resolution, propose for ratifica- 
tion to the legislatures of the several States, as an amendment to 



V 



32 JOINT COMMITTEE OX RECONSTRUCTION. 

the Constitution of the United States, an article in the following; 
words, to wit: 

"Article — . 

" Section 1. No discrimination shall be made by any State nor 
by the United States as to the civil rights of persons because of race, 
color, or previous condition of servitude. 

" Sec. 2. From and after the ith day of July, in the year 1876, no 
discrimination shall be made b}' any State nor by the United States 
as to the enjoyment by all classes of persons, of the right of suffrage, 
because of race, color, or previous condition of servitude. 

" Sec. 3. Until the 4th day of July, 1876, no class of persons, as to 
the right of any of whom to suffrage discrimination shall be made by 
any State, because of race, color, or previous condition of servitude, 
shall be included in the basis of representation. 

" Sec. 4. Debts or obligations already incurred, or which may here- 
after be incurred, in aid of insurrection or of war against the Union, 
and claims for compensation for loss of involuntary service or labor, 
shall not be paid by any State nor by the United States. 

" Sec. 5. No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United States ; 
nor shall any State deprive an}" person of life, liberty, or property 
without due process of laAv ; nor deny to any person within its juris- 
diction the equal protection of the laws. 

" Sec. 6. The Congress shall have power to enforce by appropriate 
legislation the provisions of this article": 

Now, therefore. 

Be it enncted hy the Senate and House of Re'presentatives of the 
United States of America in Congress assembled^ That whenever the 
above-recited amendment shall have become part of the Constitu- 
tion, and any State lately in insurrection shall have ratified the 
same, and shall have modified its constitution and laws in conformity 
(vath the first section thereof, the Senators and Representatives from 
such State, if found duly elected and qualified, shall, after having 
taken the usual oath of office, be admitted into Congress as such: 
Provided. That until after the 4th day of July, 1876, no person shall 
be eligible to either branch of the national legislature who is in- 
cluded in any of the following classes, namely : 

First. Persons who having been officers of the Army or Navy of 
the United States, or having been members of the Thirty-sixth Con- 
gress, or having held, in the j^ear 1860, seats in the cabinet, or judi- 
^cial officers under the United States, did afterward take part in the 
late insurrection. 

Second. Persons who have been civil or diplomatic officers of the 
so-called Confederate Government, or officers of the army or navy of 
said Government above the rank of colonel in the army and of lieu- 
tenant in the navy. 

Third. Persons in regard to whom it shall appear that they have 
treated officers or soldiers or sailors of the Army or Navy of the 
TTnited States, of whatever race or color, captured during the late 
civil war, otherwise than lawfully as prisoners of war. 

Fourth. Persons in regard to whom it shall appear that they are 
di si oval. 



JOURNAL. " 33 

Mr. Bingham moAed to amend by striking out all after the enact- 
ing clause down to and including the word " provided," and insert- 
ing the following : 

That whenever the above-recited amendment shall have been rati- 
fied in good faith by the legislature of Tennessee, and said State shall 
have conformed her laws thereto, said State shall be entitled to repre- 
sentation in Congress ; and upon the ratification, in good faith, by the 
other States lately in insurrection, of the foregoing article of amend- 
ment, said States shall, after the 1st day of February, 1867, be entitled 
to representation in Congress, subject to the following condition: 
That said States so ratifying said amendment shall conform their 
constitutions and laws thereto: Provided^ however.'''' 

The question was taken upon the amendment, and it was decided in 
the negative — yeas 4, nays 8, absent 3 ; as follows : 

Yeas — INIessrs. Johnson, Bingham, Blow, and Rogers — 4. 

Nays — Messrs. Grimes, Howard, AVilliams, Stevens. Washburne, 
Morrill, Conkling, and Boutwell — 8. 

Absent — Messrs. Fessenden, Harris, and Grider — 3. 

So the amendment was rejected. 

Mr. Stevens mo^ed to amend the second class of exceptions by 
striking out the words " civil or." 

The amendment was agreed to. 

Mr. Stevens moved to further amend the same clause by striking 
out the word " lieutenant " and inserting the word " master." 

The amendment was agreed to. 

Mr. Williams moved to strike out the fourth clause, as follows: 

" Fourth. Persons in regard to whom it shall appear that they are 
disloyal." 

After discussion, 

The question was taken, and it was decided in the affirmative — yeas 
12, nays 0, absent 3; as follows: 

Yeas — Messrs. Grimes, Howard, Johnson, Williams, Stevens, 
Washburne, Morrill, Bingham, Conkling, Boutwell, Blow, and Rog- 
ers — 12. 

Nats— 0. 

Absent — ]\Iessrs. Fessenden, Harris, and Grider — 3. 

So the motion to strike out was agreed to. 

Mr. Boutwell moved to strike out all after the words " in any of the 
following classes, namely," and to insert, in lieu thereof, the fol- 
lowing : 

" First. The president and vice-president of the Confederate States 
of America, so called, the heads of departments, and the members of 
both houses of the congress thereof. 

" Second. Those who, in other countries, have acted as agents of the 
Confederate States of America, so called. 

" Third. Heads of Departments in the Government of the United 
States, judges of the courts of the United States, officers of the Army 
and Navy of the United States, and members of either house of the 
Congress*^ of the United States, who aided the late rebellion. 

" Fourth. Those who acted as officers of the Confederate States of 
America, so called, above the rank of colonel in the army or master in 
the navy, and any one who as governor of either of said so-called 
Confederate States of America, gave aid or comfort to the rebellion. 

S. Doc. 711, 63-3 3 



34 • JOINT COMMITTEE ON RECONSTRUCTION. 

" Fifth. Those who have treated officers or soldiers or sailors of the 
Army or Navy of the United States, captured during the late war, 
otherwise than lawfully as prisoners of war." 

After discussion, 

The question was taken, and it was decided in the affirmative — yeas 
8, nays 4, absent 3 ; as follows : 

Yeas— Messrs. Grimes, Howard, Williams, Stevens, Washburne, 
Morrill, Conkling, and Boutwell — 8. 

Nays — Messrs. Johnson, Bingham, Blow, and Sogers — 4. 

Absekt — Messrs. Fessenden, Harris, and Grider — 3. 

So the amendment was agreed to. 

Mr. Boutwell moved to further amend by striking out, after the 
words " provided that," the words " until after the 4th day of July, 
1876." 

After discussion, 

The question Avas taken, and it was decided in the affirmative — ^yeas 
7, nays 5, absent 3; as follows: 

Yeas — Messrs. Grimes, Howard, Stevens, Washburne, Conkling, 
Boutwell, and Rogers — 7. 

Nays — Messrs. Johnson, Williams, Morrill, Bingham, and Blow — 5. 

Absent — Messrs. Fessenden, Harris, and Grider — 3. 

So the amendment Avas agreed to. 

Mr. Morrill moved the following as an additional section: 

'" Sec. 2. And he it further enacted^ That when any State lately in 
insurrection shall have ratified the foregoing proposed amendment to 
the Constitution, any part of the direct tax under the act of August 5, 
1861, which may remain due and unpaid in such State may be as- 
sumed and paid by such State; and the payment thereof, upon proper 
assurances from such State, to be given to the Secretary of the Treas- 
ury of the United States, may be postponed for a period not exceed- 
ing ten years from and after the passage of this act." 

After discussion, 

The question was taken, and it was decided in the affirmative — yeas 
11, nay 1, absent 3; as follows: 

Yeas — Messrs. Grimes, Howard, Johnson, Williams, Stevens, 
Washburne, Morrill, Bingham, Conkling, Boutwell, and Blow — 11. 

Nay — Mr. Rogers — 1. 

Absei<t — Messrs. Fessenden, Harris, and Grider — 3. 

So the additional section was adopted. 

Mr. Washburne moved that the chaii-men of the Senate and House 
portions of the joint committee (Messrs. Fessenden and Stevens) be 
instructed to report the joint resolution and bill agreed upon by the 
committee to their respective houses ; and that they ask permission to 
submit reports upon the same at some future time. 

Mr. Grimes moved to amend the motion of Mr, Washburne by 
striking out the clast clause and inserting in lieu thereof the fol- 
lowing: 

"And that they be instructed to prepare reports to accompany the 
same." 

Mr, Rogers asked leave for the minority of the committee to pre- 
pare and submit their views in the shape of reports. 

Pending which, 

Mr. Conkling moved that when the committee adjourn to-day it be 
to meet on Wednesday next at 10.30 o'clock a. m. 



JOURNAL. 35 

The question was taken, and it was decided in the affirmative — ^yeas 
6, nays 4, absent 3 ; as follows : 

Yeas — Messrs. Grimes, Howard, Johnson, Williams, Morrill, Conk- 
ling, Boutwell, and Blow — 8. 

Nats — Messrs. Stevens, AVashbume, Bingham, and Rogers — L 

Absent — Messrs. Fessenden, Harris, and Grider — 3. 

So the motion was agreed to. 

Mr. Conkling moved that the cormnittee now adjourn. 

The question was taken, and it was decided in the affirmative — yeas 
8, nays 4, absent 3 ; as follows : 

Yeas — Messrs. Grimes, Howard, Johnson, Williams, Morrill, Conk- 
ling, Boutwell, and Blow — 8. 

Nays— Messrs. Stevens, Washburne, Bingham, and Rogers — 4. 

Absent — Messrs. Fessenden, Harris, and Grider — 3. 

So the motion was agreed to, and the committee accordingly ad- 
journed. 

WEDNESDAY, April 25, 1866. 

The committee met pursuant to adjournment (Mr. Johnson in the 
chair). Absent Messrs. Fessenden and Washburne. 

The question pending at the adjournment of the last meeting was 
the motion of Mr. Washburne instructing the chairmen of the Senate 
and House portions of the joint committee to report to their respec- 
tive houses the joint resolution and bill agreed upon by the committee 
at its last meeting, and to ask leave to submit written reports at some 
future time to accompany the same. 

To this motion Mr. Grimes had moved an amendment, viz, to strike 
cut the last clause and to insert an instruction to prepare reports to 
accompany the joint resolution and bill when reported. 

Mr. Grimes withdrew his amendment. 

The question recurred upon the motion of Mr. AVashburne. 

Pending which, 

Mr. Conkling moved to amend the bill by striking out the word 
"usual" before the Avords "oath of office," and inserting in lieu 
(hereof the word " required." 

The amendment was agreed to. 

Mr. Bingham moved further to amend the bill by striking out the 
word " oath " and inserting the word " oaths." 

The amendment was agreed to. 

Mr. Williams moA^ed to amend the joint resolution by striking out 
the fifth section of the proposed amendment to the Constitution, as 
follows: 

" Sec. 5. No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United States; 
nor shall any State deprive any person of life, liberty, or property 
without due process of law; nor deny to any person within its juris- 
diction the equal protection of the laws." 

After discussion, 

The question was taken, and it was decided in the affirmative — ^yeas 
7, nays 5, absent and not voting 3; as follows: 

Yeas— Messrs. Harris, Howard, Johnson, Williams, Grider, Conk- 
ling, and Boutwell — 7. 

Nays— Messrs. Stevens, Morrill, Bingham, Rogers, and Blow — 5. 



36 JOINT COMMITTEE ON RECONSTliUCTION. 

Absent ok not voting — Messrs. Fessenden, Grimes, and Wash- 
burne — 3, 

So the amendment was agi-eed to. 

The question recurred upon the motion of Mr. Washburne to report 
the joint resohition and bill agreed upon to the two houses, &c. 

After discussion, 

The question was taken, and it Avas decided in the affirmative — yeas 
7, nays 6, absent 2 ; as follows : 

Yeas — Messrs. Grimes, Harris, Howard, Williams, Stevens, Mor- 
rill, and Bingham — 7. 

Nats — Messrs. Johnson, Grider, Conkling, Boutwell, Blow, and 
Eogers — 6. 

Absent — Messrs. Fessenden and Washburne — 2. 

So the motion was agreed to. 

Mr. Bingham submitted for adoption by the committee, as a sepa- 
rate article of amendment to the Constitution, the section which had 
been stricken out of the one adopted by the committee. 

After discussion, 

The question w^as taken, and it was decided in the negative — yeas 4, 
nays 8, absent or not voting 3 ; as follows : 

Yeas — Messrs. Johnson, Bingham, Grider, and Rogers — i. 

Nats — Messrs. Grimes, Howard, Williams, Stevens, Morrill, Conk- 
ling, Boutwell, and Blow — 8. 

Absent ok not aoting — Messrs. Fessenden, Harris, and Wash- 
burne — 3. 

So the proposition of Mr. Bingham was not agreed to. 

Mr. Grider gave notice that at the proper time he should submit for 
the consideration and action of the committee the following reso- 
lution : 

Resolved, That in the opinion of this committee the people of Ten- 
nessee having elected according to law loyal men as Senators and 
Representatives, they should be admitted to seats in the present Con- 
gress, upon taking the usual oath of office. 

Mr. Williams moved to reconsider the vote by which the committee 
directed the joint resolution and bill adopted by the committee to be 
reported to the two houses of Congress. 

After discussion, 

The question w^as taken, and it was decided in the affirmative — yeas 
10, nays 2, absent 3; as follows: 

Yeas — Messrs. Grimes, Harris, Johnson, Williams, Grider, Bing- 
ham, Conkling, Boutwell, Blow, and Eogers — 10. 

Nats — Messrs. Howard and Stevens — §. 

Absent — Messrs. Fessenden, Washburne, and Morrill — 3. 

So the motion to reconsider was agreed to. 

And then, on motion of Mr. Grimes, 

The committee adjourned till Saturday next, at 10^ o'clock a. m. 

SATURDAY, April 28, 1866. 

The committee met pursuant to adjournment, all the members 
present. 

The Chairman said that the vote of the committee ordering the 
joint resolution and bill agreed upon to be reported to the two houses 



.lOURNAL. 37 

having been reconsidered at the last meeting, the committee would 
resume the consideration of the same, and they would be regarded as 
still open to amendment. 

Mr. Stevens moved to strike out all of section 2 of the proposed 
amendment to the Constitution of the United States, as follows : 

" Sec. 2. From and after the 4th day of July, in the j'ear 1876, no 
discrimination shall be made by an}^ State nor by the United States as 
to the enjoyment by classes of persons of the right of suffrage because 
of race, color, or previous condition of servitude " ; 

And the following at the beginning of section 3 : 

" Until the 4th day of July .1876 "^; 

So that the third section would then read : 

" No class of persons, as to the right of whom to suffrage discrimi- 
nation shall be made by any State because of race, color, or previous 
condition of servitude, shall be included in the basis of representa- 
tion." 

After discussion. 

The question was taken, and it was decided in the affirmative — yeas 
12, nays 2, not voting 1 ; as follows : 

Yeas — Messrs. Grimes, Harris. Johnson, "Williams, Stevens, Mor- 
rill, Grider, Bingham. Conkling. Boutwell, Blow, and Rogers — 12. 

Nays — Messrs. Howard and Washburne — 2. 

Not voting— The Chairman— 1. 

So the motion to strike out was agreed to. 

Mr. Williams moved to strike out what had been section 3, and to 
insert in lieu thereof the following: 

"Representatives shall be apportioned among the several States 
which may be included within this Union according to their respec- 
tive numbers, counting the whole number of persons in each State, 
excluding Indians not taxed. But whenever in any State the elective 
franchise shall be denied to any portion of its male citizens not less 
than twenty-one years of age. or in any way abridged, except for 
participation in rebellion or other crime, the basis of representation 
in such State shall be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of male citizens not 
less than twenty-one years of age." 

After discussion. 

The question was taken, and it was decided in the affirmative — yeas 
12, nays 3 ; as follows : 

Yeas— The Chairman. Messrs. Grimes. Harris. Johnson, Williams, 
Morrill, Grider, Bingham, Conkling, Boutwell. Blow, and Rogers— 12. 

Nats— Messrs. Howard. Stevens, and Washburne — 3. 

So the motion of Mr. Williams Avas agreed to. 

The committee proceeded to consider the following section : 

" Sec. 4. Debts or obligations already incurred or which may here- 
after be incurred in aid of insurrection or of war against the Union, 
and claims for compensation for loss of involuntary service or labor, 
shall not be paid bv any State, nor by the United States." 

Mr. Rogers moved to amend by striking out the words " by any 
State, nor." 

The question was taken, and it was decided in the negative — yeas 3, 
nays 12, as follows : 

Yeas — Messrs. Johnson, Grider, and Rogers — 3. 



88 JOINT COMMITTEE ON KECONSTEUCTION. 

Nats — The Chairman, Messrs. Grimes, Harris, Howard, Williams, 
Stevens, Washburne, Morrill, Bingham, Conkling, Boutwell, and 
Blow— 12. 

So the amendment was rejected. 

Mr. Bingham moved to change the phraseology of the section, so 
that it would read: 

" Neither the United States nor any State shall assume or pay any 
debt or obligation already incurred, or which may hereafter be in- 
curred, in aid of insurrection or of war against the United States, or 
any claim for compensation for loss of involuntary service or labor." 

The motion was agreed to. 

Mr. Boutwell moved to insert the following as an additional 
section : 

" Sec. — . The president and vice-president of the late Confederate 
States of America so called; the heads of Departments thereof; those 
who in other countries acted as agents of the Confederate States of 
America so called; those who having been heads of Departments of 
the United States, or officers of the Army or Navy of the United 
States, or members of either house of the Thirty-Sixth Congress of 
the United States, afterwards aided in the late rebellion; and any one 
who as goA'ernor of either of the so-called Confederate States gave 
aid or comfort to the late rebellion, are declared to be forever in- 
eligible to any office under the United States." 

Mr. Stevens moved to amend the section proposed by Mr. Boutwell 
by inserting after the clause relating to Confederate agents in foreign 
countries the following: 

" Officers of the army or navy of the Confederate States of Amer- 
ica, so called, above the rank of colonel in the army or master in the 
navy." 

After discussion. 

The question was taken, and it was decided in the negative — ^yeas 3, 
nays 12; as follows: 

Yeas— Messrs. Stevens, Washburne, and Conkling — 3. 

Nays — The (^hairman, Messrs. Grimes, Harris, Howard, Johnson, 
Williams, Morrill, Grider, Bingham, Boutwell, Blow, and Rogers — 12. 

So the amendment of Mr. Stevens was not agreed to. 

The question was then taken upon the section proposed by Mr. 
Boutwell, and it was decided in the negative — yeas 6, nays 8, not vot- 
ing 1 ; as follows : 

Yeas — Messrs. Harris, Stevens, Washburne, Morrill, Conkling, and 
Boutwell — 6. 

Nays — The Chairman, Messrs. Howard, Johnson, Williams, Grider, 
Bingham, Blow, and Rogers — 8. 

Not votino!^ — Mr. Grimes — 1. 

So the section was not agreed to. 

Mr. Harris moved to insert the following as an additional section, 
to follow the section in relation to representation: 

« Sec. — . T^^ntil the 4th day of July, in the year 1870, all persons 
who voluntarilv adhered to the late insurrection, giving it aid and 
comfort, shall be excluded from the right to vote for Representatives 
in Congress and for electors for President and Vice-President of the 
United States."^ 

After discussion, 



JOURNAL. S9 

•The question, was taken, and it was decided in the negative — yeas 7, 
nays 8; as follows: 

Yeas — Messrs. Harris, Howard, Stevens, Washburne, Morrill, 
Conkling, and Boutwell — 7. 

Nays — The Chairman, Messrs. Grimes, Johnson, Williams, Grider, 
Bingham, Blow, and Rogers — 8. 

So the section proposed by Mr. Harris was not agreed to. ' 

Subsequently, after discussion, 

Mr. Grimes moved to reconsider the vote by which the section pro- 
posed by Mr. Harris was rejected. 

The question was taken, and it was decided in the affirmative — yeas 
8, nays 5, not voting 2; as follows: 

Yeas — The Chairman, Messrs. Grimes, Harris, Howard, Stevens, 
Morrill, Conkling, and Boutwell — 8. 

Nays — Messrs. Johnson, Grider, Bingham, Blow, and Rogers — 5. 

Not voti:ng — Messrs. AVilliams and Washburne — 2. 

So the motion to reconsider was agreed to. 

Mr. Williams said that upon this section he was paired with Mr. 
Washburne, who had temporarily left the committee-room. 

The question recurred upon agreeing to the section proposed by 
Mr. Harris. 

The question was taken, and it was decided in the affirmative — yeas 
7, nays 6, not voting 2 ; as follows : 

Yeas — Messrs. Grimes, Harris, HoAAard, Stevens, Morrill, Conk- 
ling, and Boutwell — 7. 

Nays— The Chairman, Messrs. Johnson, Grider, Bingham, Blow, 
and Rogers — 6. 

Not voting — ISIessrs. Williams and Washburne — 2. 

So the section was adopted. 

The section granting poAver to Congress to enforce the provisions 
of the article was adopted. 

Mr. Bingham moved to strike out the first section of the proposed 
amendment to the Constitution, which was as follows : 

" Section 1. No discrimination shall be made by any State, or by 
the United States, as to the civil rights of persons because of race, 
color, or previous condition of servitude '' ; 

And to insert in lieu thereof the following: 

" Section 1. No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United States; 
nor shall any State deprive any person of life, liberty, or property 
without due'pi'ocess of law, nor deny to any person within its juris- 
diction the equal protection of the laws." 

A -P^p-p rliscUSSlOXl 

The question was taken, and it was decided in the affirmative— yeas 
10, navs 3, not voting 2 ; as follows : 

Yeas— Messrs. Johnson, Williams, Stevens, Washburne, Grider, 
Bingham, Conkling, BoutAvell, Blow, and Rogers— 10. 

Nays— Messrs. Grimes, Howard, and Morrill— 3. 

Not voting — The Chairm.an and Mr. Harris— 2. 

So the motion of Mr. Bingham AA^as agreed to. <: , i -n + 

The committee then proceeded to the consideration pt the bill to 
provide for restoring to the States lately in insurrection their full 
political rights. 



40 JOINT COMMITTEE ON RECONSTRUCTION. 

Mr. Boutwell moved that that portion relating to certain persons 
to be excluded from office be considered as a separate bill. 
The motion was agreed to. 

The preamble was modified, in so far as it recited the proposed 
amendment to the Constitution to corres])ond with the action of the 
committee this morning. 

The committee proceeded to consider the following section : 
"^e it enacted, d?(?., That whenever the above-recited amendment 
shall have become part of the Constitution of the United States, and 
any State lately in insurrection shall have ratified the same, and shall 
have modified its constitution and laws in conformity with the first 
section thereof, the Senators and liepresentatives from such State, if 
found duly elected and qualified, shall after having taken the required 
oaths of office be admitted into Congress as such." 
After discussion. 

The Chairman moved to strike out the word " shall " and insert the 
word " may " before the words " after having taken," &c. 
The motion was agreed to. 

Mr. Boutwell moved to amend the section by striking out all after 
the word "that" and inserting the following: 

" Wlienever the above-recited amendment shall have become a part 
of the Constitution of the United States, and whenever either Tennes- 
see or Arkansas shall have ratified the same, and shall have so modi- 
fied its constitution and laws as to make them conform thereto, and 
shall have provided a system of equal suffrage for all loyal male citi- 
zens within its jurisdiction who are not less than twenty-one years of 
age, the Senators and Representatives from such State, if found duly 
elected and qualified, shall*, after having taken the required oaths of 
office, be admitted into Congress as such: Provided, That nothing 
contained in this act shall be so construed as to disfranchise any loyal 
person novr entitled to vote." 

Mr. Bingham moved to amend the amendment by striking out all 
the first part to and including the words " the same," and inserting 
" whenever either Tennessee or Arkansas shall have ratified' the 
above-recited amendment." 
After discussion. 

The question was taken upon the amendment to the amendment, 
and it was decided in the negative — yeas 4, nays 7, not voting 4 ; as 
follows : 

Yeas — Messrs. Johnson, Williams, Bingham, and Blow — 4. 
Nays — The Chairman. Messrs. Grimes, Howard, Stevens, Morrill, 
Grider, and Rogers — 7. 

Not votikc — Messrs. Harris, Washburne, Conkling, and Bout- 
well — 4. 

So the amendment to the amendment was not agreed to. 
The question was then taken upon the amendment of Mr. Boutwell, 
and it was decided in the negative— yeas 2, nays 9, not voting 4; as 
follows : 

Yeas — Messrs. Johnson and Boutwell — 2. 

Nays— The Chairman, Messrs. Grimes, Howard, Williams, Stevens, 
Grider, Bingham, Blow, and Rogers— 9. 

Not VOTING — Messrs. Harris, Washburne, Morrill, and Conklmg- 
So the amendment was not agreed to. 



JOURNAL. 41 

Mr. Conkling moved to amend the first section of the bill under 
consideration by striking out the words "with the first section 
thereof," and inserting the word " therewith " in lieu thereof. 

The amendment was agreed to. 

Mr. Williams moved to amend by striking out all after the words 
" That whenever," and inserting in lieu thereof the following : 

"Any one of the States lately in rebellion shall ratify the above- 
recited amendment, as required by the Constitution of the United 
States ; the Senators and Eepresentatives of such State shall, after the 
4th day of March, 1867, if found duly elected and qualified, and after 
taking the required oaths of office, be admitted into Congress as such : 
Provided^ That Senators and Representatives from Tennessee and 
Arkansas, elected and qualified as aforesaid, shall be admitted into 
Congress as soon as said States, respective! }>', shall ratify said amend- 
ment, as aforesaid." 

After discussion, 

The question was taken, and it was decided in the negative — yeas 4, 
nays 9, not voting 2 ; as follows : 

Yeas— Messrs. Johnson, Williams, Bingham, and Blow — 4. 

Nays — The Chairman, Messrs. Grimes, Howard, Stevens, Morrill, 
Grider, Conkling, Boutwell, and Rogers — 9. 

Not voting — Messrs. Harris and Washburne — 2. 

So the amendment was not agreed to. 

The first section as amended was then agreed to. 

The second section in relation to the direct tax was agreed to. 

The committee then proceeded to consider the bill declaring certain 
persons ineligible to office. 

The first part was as follows: 

'"''Be it enacted^ dic, That no person shall be eligible to either branch 
of the national legislature who is included in any of the following 
classes, namely." 

Mr. Conkling moved to amend by striking out the words " either 
branch of the national legislature," and inserting the words " any 
office under the Government of the United States." 

The amendment was agreed to. 

The next clause was as follows: 

" First. The president and vice-president of the Confederate States 
of America, so called, the heads of departments, and members of both 
houses of congress thereof." 

The Chairman moved to amend by striking out the words " and 
members of both houses of congress." 

The question was taken, and it was decided in the affirmative — yeas 
10, nays 5 ; as follows : 

Yeas — The Chairman, Messrs. Grimes, Johnson, Williams, Morrill, 
Grider, Bingham, Boutwell, Blow, and Rogers — 10. 

Nays — Messrs. Harris, Howard, Stevens, Washburne, and Conk- 
ling — 5. 

So the amendment was agreed to. 

The next clause was as follows: 

" Second. Those who in other countries acted as agents of the Con- 
federate States of America, so called." 

Mr. Howard moved to strike it out. 



42 JOINT COMMITTEE ON KECONSTRUCTION. 

The question was taken, and it was decided in the negative — ^yeas 3, 
nays 12; as followa: 

Yeas — Messrs. Howard, Grider, and Eogers — 3. 

Nats — The Chairman, Messrs, Grimes, Harris, Johnson, Williams, 
Stevens, Washburne, Morrill, Bingham, Conkling, BoutweLl, and 

Blow 12. ;:^ 

So the motion to strike out was not agreed to. 

The next clause was as follows: 

" Third. Heads of Departments in the Government of the United 
States, officers of the Army and Navy of the United States, judges of 
the courts of the United States, and members of either house of the 
Thirty-sixth Congress of the United States, who aided the late re- 
bellion." 

Mr. Grimes moved to amend by inserting before the word " judges," 
the words " and all persons educated at the Naval or Military Acad- 
emy of the United States." 

The amendment was agreed to. 

The next clause was as follows: 

" Fourth. Those who acted as officers of the Confederate J^tates of 
America, so called, above the grade of colonel in the army or master 
in the navy ; and any one who, as governor of either of the so-called 
Confederate States, gave aid or comfort to the rebellion." 

Mr. Grimes moved to amend by striking out the words "those who 
acted as officers of the Confederate States of America, so called, above 
the grade of colonel in the army, or master in the navy; and." 

After discussion. 

The question was taken, and it was decided in the negative — yeas 4, 
rays 11; as follows: 

Yeas — Messrs. Grimes, Johnson, Grider, and Rogers — 4. 

Nats — The Chairman, Messrs. Harris, Howard, Williams, Stevens, 
Washburne, Morrill, Bingham, Conkling, Boutwell, and Blow — 11. 

So the amendment was not agreed to. 

The next clause was agreed to as follows: 

" Fifth. Those who have treated officers or soldiers or sailors of the 
Army or Navy of the United States, captured during the late war, 
otherwise than lawfully as prisoners of war."_ 

Mr. Grider submitted the following resolutions: 

Resolved, That, in the opinion of this committee, the people of Ten- 
nessee having elected according to law loyal men as Senators and 
Representatives, they should be admitted to seats in the present Con- 
gress upon taking the usual oath of office. 

Resolved further, That each of the States not now represented 
should be allowed representation upon the same terms. 

Mr. Grimes moved to amend the first resolution by adding thereto 
the following: 

^'■Provided, They comply with the terms agreed upon by the com- 
mittee this session." 

The question was taken, and it was decided in the affirmative— yeas 
9, nays 4, not voting 2; as follows: 

Yeas— The Chairman, Messrs. Grimes, Harris, Howard, Williams, 
Stevens, Morrill, Bingham, and Conkling — 9. 

Nats — Messrs. Johnson, Grider, Blow, and Eogers — 4. 

Not VOTING — Messrs. Washburne and Boutwell — 2. 

So the amendment was agreed to. 



JOURNAL. 43 

Mr. Stevens moved to lay the resolutions on the table. 

The question was taken, and it was decided in the negative— yeas 5, 
nays 7, not voting 3 ; as follows : 

Yeas— ^Messrs. Howard, Williams, Stevens, Morrill, and Bing- 
ham — 5. 

Nays — Messrs. Grimes, Harris, Johnson, Grider, Conkling, Blow, 
and Rogers — 7. 

Not voting — The Chairman, Messrs. Washburne, and Boutwell — 3. 

So the motion to lay on the table Avas not agreed to. 

The question recurred upon agreeing to the resolutions as amended. 

The question was taken, and it was decided in the negative — yeas 2, 
nays 10, not voting 3 ; as follows : 

Yeas — INIessrs. Grimes and Johnson — 2. 

Nats — Messrs. Harris, Howard, Williams, Stevens, Morrill, Grider, 
Bingham, Conkling, Blow, and Rogers — 10. 

Not voting — The Chairman, Messl-s. Washburne, and Boutwell — 3. 

So the resolutions were not adopted. 

Mr. Stevens moved that the joint resolution and bills adopted by 
the committee to-daj^ be reported on jNIonda}^ next to the two houses 
of Congress, and that leave be asked to submit, at some future time, 
reports to accompany the same. 

Mr. Boutwell asked that a separate vote be taken upon the joint 
resolution and bills; which was ordered. 

The first question was upon reporting the joint resolution propos- 
ing an amendment to the Constitution of the United States. 

The question avrs taken, and it was decided in the affirmative — yeas 
12, nays 3 : as follows : 

Yeas — The Chairman, Messrs. Grimes, Harris, Howard, Williams, 
Stevens, Washburne, Morrill, Bingham, Conkling, Boutwell, and 
Blow— 12. 

Nays — Messrs. Johnson, Grider, and Rogers — 3. 

•So the motion to report the joint i-esolution Avas agreed to. 

The next question was upon reporting the bill to provide for restor- 
ing to the States lately in insurrection their full political rights. 

The question was taken, and it was decided in the affirmative— yeas 
12, nays 3; as follows: 

Yeas — The Chairman, Messrs. Grimes, Harris, Howard, Williams, 
Stevens, Washburne, Morrill, Bingham, Conkling, Boutwell. and 
Blow— 12. 

Nays — INIessrs. Johnson, Grider, and Rogers — 3. 

So the motion was agreed to. 

The next question was upon reporting the bill declaring certain 
persons ineligible to office under the Government of the United States. 

The question was taken, and it was decided in the affirmative — yeas 
12, nays 3 : as follows : 

Yeas — The Chairman, Messrs. Grimes, Harris. Howard, Williams, 
Stevens, Washburne, Morrill, Bingham, Conkling, Boutwell, and 
Blow— 12. 

Nays^ — Messrs. Johnson, Grider, and Rogers — 3. 

So the motion was agreed to. 
On motion of Mr. Rogers, 

Ordered^ That the minority of the committee have leave to submit 
minority reports. 



44 JOINT COMMITTEE ON RECONSTRUCTION. 

On motion of Mr. Grimes, 

Ordered, That the injunction of secrecy be removed so far as relates 
to the results of the action of the committee at this session. 
On motion of Mr. Boutwell, 

Ordered, That the stenographer of this committee be authorized to 
furnish to the agent of the Associated Press, and the correspondents 
of such newspapers as may apply to him, copies of the joint resolu- 
tion and bills adopted by the committee to-day after the same shall 
have been submitted to and approved by the Chairman. 

The joint resolution and bills adopted are as follows: 

A joint resolution proposing an amendment to the Constitution of the 

United States. 

Be it resolved hy the Senate and House of Representatires of the 
United States of America in Congress assembled {two-thirds of hoth 
houses concurring), That the following article be proposed to the leg- 
islatures of the several States as an amendment to the Constitution of 
the United States, which, when ratified by three-fourths of said legis- 
latures, shall be valid as part of the Constitution, namelv: 

Article — . 

Section 1. No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of "the United States; 
nor shall any State deprive any person of life, liberty, or property 
without due process of law ; nor deny to any person within its juris- 
diction the equal protection of the laws. 

Sec. 2. Eepresentatives shall be apportioned among the several 
States which ma}^ be included within this Union according to their 
respective numbers, counting the whole number of persons in each 
State, excluding Indians not taxed. But whenever in any State the 
elective franchise shall be denied to any portion of its citizens not less 
than twenty-one years of age, or in any way abridged, except for 
participation in rebellion or other crime, the basis of representation 
in such State shall be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of male citizens 
not less than twenty-one years of age. 

Sec. 3. Until the 4th day of July, in the year 1870, all persons who 
voluntaril}^ adhered to the late insurrection, giving it aid and com- 
fort, shall be excluded from the right to vote for Representatives in 
Congress and for electors for President and Vice-President of the 
United States. 

Sec. 4. Neither the United States nor any State shall assume or 
pay any debt or obligation already incurred, or which may hereafter 
be incurred, in aid of insurrection or of war against the United 
States, or any claim for compensation for loss of involuntary service 
or labor. 

Sec. 5. The Congress shall have power- to enforce by appropriate 
legislation the provisions of this article. 

A bill to provide for restoring to the States lately in insurrection 
their full political rights. 

Whereas it is expedient that the States lately in insurrection should, 
at the earliest day consistent with the future peace and safety of the 



JOURNAL. 45 

Union, be restored to full participation in all political rights; and 
whereas the Congress did, by joint resolution, propose for ratification 
to the legislatures of the several States, as an amendment to the Con- 
stitution of tlie Ignited States, an article in the following words, ta 
wit: 

''ARTICLE — . 

" Section 1. No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United States; 
nor shall any State deprive any person of life, liberty, or property 
without due process of law ; nor deny to any person within its juris- 
diction the equal protection of the laws. 

" Sec. 2. Representatives shall be apportioned among the several 
States which may be included within this Union according to their 
respective numbers, counting the whole number of persons in each 
State, excluding Indians not taxed. But whenever in any State the 
elective franchise shall be denied to any portion of its male citizens 
not less than twenty-one years of age, or in any way abridged except 
for participation in rebellion or other crime, the basis of representa- 
tion in such State shall be reduced in the proportion which the num- 
ber of such male citizens shall bear to the Avhole number of male citi- 
zens not less than twenty-one j'ears of age. 

" Sec. 3. Until the 4tli day of July, in the year i870, all persons 
who voluntarily adhered to the late insurrection, giving it aid and 
comfort, shall be excluded from the right to vote for Representatives 
in Congress and for electors for President and Vice-President of the 
United States. 

" Sec. 4. Neither the United States nor any State shall assume or 
pay any debt or obligation already incurred, or which may hereafter 
be incurred, in aid of insurrection or of war against the United 
States, or any claim for compensation for loss of involuntary service 
or labor. 

■' Sec. 5. The Congress shall have power to enforce by appropriate 
legislation the provisions of this article": 

Now, therefore, 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assenibled^ That whenever the 
above-recited amendment shall have become part of the Constitution 
of the United States, and any State lately in insurrection shall have 
ratified the same, and shall have modified its constitution and laws in 
conformity therewith, the Senators and Representatives from such 
State, if found duly elected and qualified, ma}'^, after having taken 
the required oaths of office, be admitted into Congress as such. 

Sec. 2. And he it further enacted, That when any State lately in 
insurrection shall have ratified the foregoing amendment to the Con- 
stitution, any part of the direct tax under the act of August 5, 1861, 
which may remain due and unpaid in such State may be assumed and 
paid by such State ; and the payment thereof, upon proper assiTrances 
from such State, to be given to the Secretary of the Treasury of the 
United States, may be postponed for a period not exceeding ten years 
from and after the passage of this act. 



46 JOINT COMMITTEE ON RECONSTRUCTION. 

A bill declaring certain persons ineligible to office under the Govern- 
ment of the United States. 

Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That no person 
shall be eligible to any office under the Government of the United 
States who is included in any of the following classes, namely : 

1. The president and vice-president of the Confederate States of 
America, so called, and the heads of departments thereof, 

2. Those who in other countries acted as agents of the Confederate 
States of America, so called. 

3. Heads of Departments of the United States, officers of the Army 
and Navy of the United States, and all persons educated at the Mili- 
tary or Naval Academy of the United States, judges of the courts of 
the United States, and members of either house of the Thirty-sixth 
Congress of the United States who gave aid or comfort to the late 
rebellion. 

4. Those who acted as officers of the Confederate States of Amer- 
ica, so called, above the grade of colonel in the army or master in the 
navy, and any one who. as governor of either of the so-called Con- 
federate States, gave aid or comfort to the rebellion. 

5. Those who have treated officers or soldiers or sailors of the Army 
or Navy of the United States, captured during the late war, otherwise 
than lawfully as ^Drisoners of war. 

And then, on motion of Mr. Grimes, 

The committee adjourned to meet uj)on the call of its Chairman. 

WEDNESDAY, June 6, 1866. 

The committee met pursuant to the call of its Chairman. Absent, 
Messrs. Washburne, Blow, Eogers, Johnson, Grider, and Conkling. 

The Chairman stated that he had called the committee together for 
the purpose of laying before them a report he had prepared, to accom- 
pany the measures which at the last meeting the committee directed 
to be reported to the two houses of Congress. 

The report was read and adopted. 
On motion of Mr. Howard, 

The chairmen of the Senate and House portions of the joint com- 
mittee were instructed to submit the report just adopted to their 
respertive houses. 

Adjourned to meet on call of the Chairman. 

Attest ' 

WM. BLAIR LORD, 

Clerh. 



THIRTY-NIISrTII CONGM?ESS, 

SECOND SESSION. 



JOINT COMMITTEE ON RECONSTRUCTION 



JOURNAL. 



47 



Ix THE House OT REPRESEXTATn"ES. 

Z*( cornier 4. 1S66. 
Resolved ^th-t Senat-t c&ruurrin^ ) . That t±ie Joint Cominittee of 
Fifteen on Eeconstruction. appointed during the last session of Con- 
gress, shall be reappointed under the same rules and regulations %£ 
then existed, and that aU the documents and resolutions which were 
referred then be now considered as referred to them anew. 
Attest: 

EDWD McPHEESOX. 

In the .Senate or the UNrriD .States, 

Dtcemher b. 1866. 
ResoUed. That the Senate concur in the foregoing resolution of the 
House of Representatives relative to the reappointment of the Joint 
Committee of Fifteen on Reconstruction. 
Attest: 

J. W. FORXEY. 

By w. J. McDonald/ 

Cki^f CUrk. 

OmcE House of REHtESENTATrvEs Uniied States, 

February 15. 1S67. 
I certifv that the foregoing is a true copy of the original now on 
file in this office. 
Attest : 

EDWD Mcpherson. 

(Tlerk. 
Members on the part of the Senate : 

^Ir. William P. Fessenden. of Maine: 

Jtlr. James TT. Grimes, of Iowa ; 

3tlr. Ira Harris, of New York: 

!Mr. Jacob M. Howard, of ^Michigan: 

Mr. Reverdv Johnson, of Maryland: and 

Mr. George H. Williams, of Oregon.- 

Members on the part of the House of Representatives : 
Mr. Thaddeus Stevens, of Pennsylvania: 
^Ir. John F. Farnsworth. of Illinois, t'itt ^Ir. Washbume. 

excused : 
Mr. Justin S. Morrill, of Vermont; 

!Mr. Elijah Hise. of Kentucky, i-'ict Mr. Grider. deceased; 
Mr. John A. Bingham, of Ohio: 
Mr. Roscc»e Conkling. of New York: 
Mr. George S. Boutw^U. of Massachusetts: 
]VIr. Henry T. Blow, of ^Missouri : and 
Mr. Andrew J. Rogers, of New Jersey. 

S. Doe- 7U. 63-3 i 49 



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JOUfiXAL- 51 

After reading of Senate bill 564 by the Chairman. Mr. ConMing 
presented the same with amendments. 

The committee then proceeded to the consideration of the preamble 
and the several sections of the bilL 

!Mr. Conkling moved to amend the pream^ble by inserting after the 
word " Congress." in the fourth line, " and without the sanctitm of 
the people." 

The amendment was agreed to. 

It was also agreed to strike out in the fifth line the words "and 
therefore are of no c-onstitutional validity." 

!Mr. Famsworth moved to insert after the word "whereas" the 
words " said pretended governments," striking out down to the word 
" afford." in the seventh line, so that it would read- ~ and whereas 
said pretended governments afford." &c 

The question was taken by yeas and nays, and it was decided in the 
affirmative — yeas S. nays 5. absent '2: 

YzAS — The Chairman. Messrs. Grimes. Harris. Johnson. Faius- 
worth. Morrill. Bingham, and Blow — 8. 

Xays — Me:?sr^. Howard. Williams. Stevens. Conkling. and Boat- 
well — 5. 

Absxnt — Me^rs. Rogers and Hise — '2. 

So the amendment was agreed to. 

Mr. Johnson moved to further amend by striking out in the eighth 
line the words "but countenance and encourage lawlessness and 
crime," 

The amendment was not agreed to. 

In the eleventh line it was agreed to amend by striking out the 
word " formed " and inserting the word " established.~ 

'Sir. Bingham offered the following as a substitute for the pream- 
ble, viz : 

" Whereas it is necessary that peace and good order should be en- 
forced in the several States of Virginia. North Carolina. South Caro- 
lina. Georfir'a. Mississippi. Alabama. Louisiana, Florida. Texas, and 
-Arkansas, lately in rebellion, until said States shall be fully restored 
to their constitutional relations to the Government of the TTnited 
States." 

The question was taken by yeas and nays, and it was decided in the 
negative — ^yeas 4. nays 9. absent 2: 

Teas — Messrs- Grimes, Johnson. Bingham, and Blow — L 

SxT^ — The Chairman. Messrs. Harris. Howard. Williams. Stev«is. 
Farnswortb. Morrill. Conkling. and Boutwell — ^9. 

Absent — ^Messrs. Bogers and Hise — 2. 

So the 5i:bsriti:te of 5lr. Bingham was not agreed to. 

The committee next proceeded to the consideration of the fir^ seC' 
tion. amended by Mr. Conkling. so that after the enacting clause it 
should read as follows: 

•• That said so-called States shall be divided into military districts, 
and made subiect to the military authority of the ITnited States, as 
hereinafter prescribed, and for that purpose Tirginia shall constitute 
the first district : Xorth Carolina and South Carolina the second dis- 
trict : Georgia, Alabama, and Florida the third district : ;Missi5sippi 
and Arkan^s the fonrtii district : and Louisiana and Texas the fiith 
district." 



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T^ qnesaaaii vaf- rac-PT br yeas and navrv. and n "was- d<^c^d*>d in the 
USSBXr^-e — T^eaf il. iu;x^ ^. ; •-'-- - - - ^- "( rmg 4- j 
T^T-> — M*s5ri. r>{»j_iis:)i . i- — -—. 

ISj^Ti- — Til- ^' : i. Si.ev«ii>. Fams- 

Bast — I. 

"Mr P. Tng>h«!m TnoT^. ; .._ , l. .. 1^ ^: 

word - si>-called."" 

Tltt aTn«ndro«nT vatg Ii^* r" ^ 

Thf aufisciaii then T>ec- 
OBBiidfid hj Mr. OoaiclnQg. 

A-nd the SBOtaMn 'wb£ 

T1 iiiiiiiiBii ii ihi iiiiBir 

were jiginnd to. aai Ae aeciaBB r^ s: 

GeDST&l of the Army. imdHr tS)« airilMiiin of 1^ Pmiiiiiii to Mg^n 
lz> HiS; {XBDmand of e&di fl^ said di^s-icCE am «fieer 4if IIk fiegidmr 



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fitted hv Mr. O 



jov the TBut * 

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Atit' : 

GJfin' 

■aiftt' 

Mr. i: 

"word "^ J - ^ - 

The I.- I "w-a£ l^- 

Mr. ^' ' I ■' < iiit>T-ed i 

xiuT'd lTTH*f the "vrcjrdi- *'" t >- 
The Ri 
Mr. 1 - 

uftiBr th"^ 

lie t: 

Mr. i . 
in "die ei 
Hk I.: 
And T 
T- 



-^ubtbL aaid to ^fladl a 

IX' jjerfmn} hh- duti<^_aiid 



DT strikiB^ tf&S in the ae^snd vnA 
and la'w-alndin^-" 



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oc t: 

of persoiif ;- 
dun ix the z.. 



____ . ■ --"tinr affier Ae ipeid "^ afl."" 

life, the "ward ** iocai." 
I "was not agreed to. 
' a* amended ''cas then 'ddopiea. 
• t* 10 sectioij 4. Hiil)iniTi**d br Mr- CoTiVlTng. -were 
i. i^oftini! i-^ad a*- f*"' j''>'w- ; 

■'rtfer erw' ~ i eemrte sad. jndicsial u^fvrr 
riot ifi- rf lialieas oofpw8 

T. mue^ Mime tiamnai 
. . _ _ -lie persan i« de tnii J AaH 



SRici itetrcioii k sLatement cerufviiig. n^an boMir. I^at ht has laaami- 
edffe w info— -^ • ' ■ ' "' the caTise and arcnnBtoiDeee q^ Ae aP^p ed 
detentioix. a- le'v^ fiie same to "be -wrongful: aad farahcr 

tiia- • TTT^erPBd in g a od indi, 

imc i€T«r*l»r Ae_pBniA- 

nteiin oi c/jjutt. Aju jjeit^ni j>«t "htx arrest 1?t Tiitiie of 



•TOTJBiirAL. 53 

this act shall be tried without umiecessarT delay, and no cniel or 
unusual punishment shall be inflicted." 

And the section as amended was adopted. 

The amendments to section 5. as proposed by 3Ir. Conkling. were 
agreed to. and it then read as f oUows : 

" Sec. o. And tje it further enacted. That no sentence of any mili- 
tary commission or tribunal hereby authorized, affecting the life or 
liberty of any person, shall be executed until it is approved by the 
officer in command of the district, and the laws and regulations for 
the government of the Army shall not be affected by this act. except 
in so far as they conflict with its provisions." 

And the section was adopted as amended. 

]Mr. Howard moved to further amend the second section by striking 
out in the second and third lines the words " under the authority of 
the President." 

After discussion, the amendment of 3>Ir. Howard was agreed to. 

Jtlr. Harris moved that the chairmen of the Senate and House por- 
tions of the committee report the bill to their respective bodies. 

The motion was not agreed to. 

It was then moved that Mr. Stevens report the bill as amended to 
the House. 

The motion was agreed to. 

Mr. Bingham moved to report back to the House the bill previously 
reported. 

The motion was not agreed to. 

After discussion, the committee adjourned to meet on Saturday 
next at 10 o'clock. 

SATFEDAY. Febetjabt 9. 1867. 

The committee met pursuant to adjournment. 
Present, the Chairman. Messrs. Williams. Bingham. Boutwell. and 
Blow. 

A quorum not being present, the committee adjourned to meet on 
call of the Chairman. 

GEO. A. MARK. 

CUrk. 



